People v. Superior Court (Solorio) CA5

INTRODUCTION

The People of the State of California, through the Kings County District Attorney, petitioned for a writ of prohibition and/or mandate, seeking to compel respondent trial court to vacate its dismissal of the prosecution of real party in interest, Alfredo Paramo Solorio, who was charged with offenses including driving under the influence (Veh. Code, § 23152, subd. (a)), and with a blood-alcohol content over 0.08 percent (Veh. Code, § 23152, subd. (b)), both alleged to be felonies due to having occurred within 10 years of three or more qualifying prior convictions (Veh. Code, § 23550). We previously issued an order to show cause and now grant the writ petition.

FACTUAL AND PROCEDURAL HISTORY

The record before us is limited, but the relevant facts are undisputed.1 Solorio was arrested on June 8, 2019, in relation to an alleged incident of driving under the influence (DUI).2 He was arraigned on the information on December 1, 2020. He ultimately was charged in a second amended consolidated information with felony driving under the

1 The People’s petition was supported only by a transcript of the April 8, 2021 hearing at which the case was dismissed. Subsequently, in…