People v. Whitmire CA3

discussion of defendant’s claim.

On December 5, 2013, defendant was charged by information with driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)—count 1),1 driving while having a blood-alcohol level at or above 0.08 percent (§ 23152, subd. (b)—count 2), and misdemeanor driving without a license (§ 12500, subd. (a)—count 3). The information alleged that, as to counts 1 and 2, defendant was previously convicted of driving under the influence of drugs or alcohol three times within the last 10 years (§ 23550, subd. (a)): an April 2008 conviction in South Carolina; a May 2008 conviction in South Carolina; and an October 2008 conviction in Colorado.

Prior to trial, defendant filed a motion to strike the May 2008 South Carolina conviction. Specifically, defendant’s motion challenged the constitutional validity of the prior conviction on the grounds that he was not advised of, had no knowledge of, and did not waive his constitutional rights; was not represented by counsel and was not informed of his right to retain counsel or have counsel provided to him; did not waive his constitutional rights knowingly, voluntarily, and intelligently; was prejudiced because he…