People v. Vasquez CA4/2

I. INTRODUCTION

On June 15, 2008, defendant and appellant, Victor Jerome Vasquez, was arrested,

cited, and released in Banning, California for driving while under the influence of alcohol

(DUI). Between 2008 and 2011, defendant did not appear at four court appearances at

the Indio Superior Court, and bench warrants for his arrest were issued at each hearing.

Defendant was again arrested for the 2008 DUI on January 2, 2014.

On January 20, 2015, a jury convicted defendant of DUI (Veh. Code, § 23152,

subd. (a), count 1), and of driving a vehicle while having “0.08 percent or more, by

weight, of alcohol in his . . . blood” based on the 2008 DUI (Veh. Code, § 23152, subd.

(b), count 2). After the jury trial, the court found defendant had three prior DUI

convictions (Veh. Code, § 23152, subd. (a)) and one prison prior (Pen. Code, § 667.5,

subd. (b)) and sentenced defendant to three years in state prison—two years on count 1,

and a consecutive one-year term for the prison prior. Defendant was also sentenced to a

concurrent two-year term on count 2. Lastly, defendant was sentenced to county jail for

180 days, concurrent to his two-year term on count 1, pursuant to a guilty…