Hendrix

People v. Hendrix

Good Law
20 Cal. App. 5th 457·229 Cal. Rptr. 3d 92
Court of Appeal of CaliforniaFebruary 13, 2018C082568California3,758 words

Opinion

lead Opinion

Hoch, J.

*459 Defendant Jeremy Luke Hendrix entered a plea of no contest to driving with a blood-alcohol content (BAC) of 0.08 or higher, admitted an allegation his BAC was 0.15 or higher, and was placed on informal probation. Prior to entering this plea, defendant moved to dismiss the case pursuant to Penal Code 1 section 654 and Kellett v. Superior Court (1966) 63 Cal.2d 822 , 48 Cal.Rptr. 366 , 409 P.2d 206 ( Kellett ), arguing his payment of a fine associated with a traffic citation issued during the traffic stop that resulted in his arrest for driving under the influence (DUI) barred subsequent prosecution for the DUI offense. The trial court denied the Kellett motion. We granted defendant's petition for transfer to this court from the superior court's appellate division in order to review this decision. We now affirm the judgment (order of informal probation).

*460 BACKGROUND

The facts are taken from the police report. During the early morning hours of November 14, 2015, an Elk Grove police officer witnessed a silver Audi making a right turn through a red light without first making a complete stop. Defendant was the driver. When the officer pulled defendant over and informed him of…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.