People v. Rivera CA3

BACKGROUND

Defendant was charged with driving under the influence of alcohol causing injury (Veh. Code, § 23153, subd. (a); count 1); driving with a blood-alcohol content of 0.08 percent or more causing injury (id., § 23153, subd. (b); count 2); driving under the influence of alcohol within 10 years of three or more convictions for driving under the influence (id., §§ 23152, subd. (a), 23550, subd. (a); count 3); driving with a blood- alcohol content of 0.08 percent or more within 10 years of three or more convictions for driving under the influence (id., §§ 23152, subd. (b), 23550, subd. (a); count 4); and driving without a valid driver’s license (id., § 12500, subd. (a); count 5). The prosecution alleged defendant had three prior convictions for driving under the influence within 10 years as to counts 1 and 2, and further alleged defendant had a blood-alcohol content of .15 percent or more (id., § 23578) as to counts 1 through 4. It was also alleged that defendant had a prior strike conviction from 1999 for kidnapping in the course of carjacking (Pen. Code, §§ 209.5, subd. (a), 667, 1192.7). 1 Defendant pleaded no contest to count 4 and admitted the prior convictions and the…