People v. Elliott CA2/2

FACTS AND PROCEDURAL BACKGROUND

On August 23, 2013, defendant was pulled over driving a U-Haul truck. He smelled of alcohol, and a preliminary alcohol screening device indicated that his blood- alcohol content was 0.203 percent and 0.208 percent, more than twice the 0.08 percent legal limit. This was defendant’s third incident of driving under the influence in a month and his fourth in the past six years. In the operative, first amended information, the People charged defendant with (1) driving under the influence of alcohol, as a felony because he had three prior convictions for the same crime in the last 10 years (Veh. Code, §§ 23152, subd. (a) & 23550), and (2) driving with a blood-alcohol content of 0.08 percent or higher, as a felony because he had three prior convictions for the same crime in the last 10 years 1 (Veh. Code, §§ 23152, subd. (b) & 23550). The People further alleged that defendant’s 2008 conviction for making criminal threats (Pen. Code, § 422) was a strike within the meaning of our Three Strikes law (Pen. Code, §§ 667, subds. (b)-(j) & 1170.12, subds. (a)-(d)). Prior to trial, defendant filed a motion asking the trial court to review the personnel records of…