Self
People v. Self
Opinion
Lead Opinion
McIntyre, J.
—George Wesley Self appeals from a judgment arising from his arrest for driving under the influence of alcohol. He was convicted of multiple violations of the Vehicle Code and the court found true allegations that he had three prior driving under the influence convictions, two in California and one in Arizona. Based on the true findings, the court elevated his sentence from a misdemeanor to a felony under Vehicle Code section *1057 23550, subdivision (a), which allows for sentence enhancement if the defendant had three or more qualifying convictions in the preceding 10 years. (Undesignated statutory references are to the Vehicle Code.) He challenges the true findings on the Arizona conviction, contending (1) it could not be used as a qualifying conviction for purposes of section 23550 because it did not rise to the level of a driving under the influence conviction under California law and (2) the evidence was insufficient to establish beyond a reasonable doubt that the Arizona offense was a qualifying prior conviction. We agree that the Arizona conviction was not a qualifying conviction and reverse the true findings.