People v. Perea CA3

Good Law
Court of Appeal of CaliforniaJuly 20, 2016C080321California1,268 words

Opinion

Opinion

Filed 7/20/16 P. v. Perea CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C080321

Plaintiff and Respondent, (Super. Ct. No. 14F03028)

v.

SILVIO REUBEN PEREA,

Defendant and Appellant.

This is an appeal pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). On May 4, 2014, defendant Silvio Reuben Perea was stopped at a driving under the influence (DUI) checkpoint. He was driving with a blood-alcohol content (BAC) of 0.23 percent (measured with a blood test) and on a suspended license due to prior DUI convictions. Defendant entered an “open” plea of no contest to driving with a BAC of

1 0.08 percent or more, a felony (Veh. Code, § 23152, subd. (b); count two), and driving on a…

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