People v. Islas CA6

Background 1 Defendant was charged by complaint with (1) driving under the influence of a drug, with three prior convictions for the same offense within 10 years (Veh. Code, § 23152, subd. (a)) and driving with a suspended license (Veh. Code, § 14601.2, subd. (a), a misdemeanor). The complaint further alleged that appellant had refused to take a chemical test (Veh. Code, § 23577, subd. (a)), had suffered two prior serious

1 The parties stipulated that the complaint would be deemed the information. felony “strike” convictions (Pen. Code, §§ 1170.12, subds. (a)-(d) & 667, subds. (b)-(i)), and had served a prior prison term (Pen. Code, § 667.5, subd. (b)). At a pretrial hearing on July 17, 2014, the court began by saying, “I understand we are going to maintain the trial but that it will be a court trial instead of a jury trial.” Defense counsel replied, “That’s correct, your Honor. We based that on our discussions that the maximum, if there was [sic] a conviction, the maximum would be a four-year prison term.” The court then added, “Okay. And otherwise you’d be looking at a seven-year prison term. You understand that, Mr. Islas?” Defendant answered, “Yes.” The court then took his…