California Court of Appeal

Summary probation for 5 years, subject to terms and conditions including 180 days in jail, based on no contest plea to driving while having blood alcohol content of .08 or more, admitting to two prior Nevada DUI convictions, felony child endangerment, and dismissal of prior Nevada conviction, is affirmed over claim that prior Nevada convictions could not be used to enhance the punishment for defendant's current driving offense as he did not have a right to a jury trial in the Nevada proceedings. Moreover, appellate court disagrees with Ninth Circuit decision in U.S. v. Tighe.

Appellate Information

• Decided 08/31/2006
• Published 08/31/2006

Judges

• SIMS, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Ross Thomas, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Mary Jo Graves, Assistant Attorneys General, Stephen G. Herndon, Wanda Hill Rouzan, Deputy Attorneys General, for Plaintiff and Respondent.