People v. Fleury CA3

BACKGROUND

Defendant was the driver in a single car accident on September 23, 2013. California Highway Patrol officers found a nearly empty bottle of vodka and an empty beer can in the car. Defendant’s blood-alcohol content was 0.20 percent. The People charged defendant with felony DUI within 10 years of a prior felony DUI (Veh. Code, §§ 23152, subd. (a), 23550.5; count one) and driving with a blood- alcohol concentration of 0.08 or higher (Veh. Code, §§ 23152, subd. (b), 23550.5; count two). The complaint also alleged that defendant had served a prior prison term. (Pen. Code, § 667, subd. (b).)1 Defendant pleaded guilty to count one in exchange for dismissal of count two and the prior prison term enhancement allegation. As part of the plea agreement, the parties agreed defendant would be placed on probation. The trial court suspended imposition of sentence and placed defendant on probation for five years with various terms and conditions, including that defendant serve

Undesignated statutory references are to the Penal Code.

2 365 days in county jail. The trial court awarded defendant a total of 77 days of custody credit (39 actual days, plus 19 “good time” days and 19…