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People v. Martinez, B193624

Conviction and sentence for driving under the influence with a prior felony DUI conviction, driving with a blood alcohol content of 0.08 or more with a prior felony DUI conviction, driving under the influence with three or more prior DUI convictions, and driving on a suspended license are affirmed, except for modification to the judgment to stay some of the sentences, over claims that: 1) the prosecution did not establish the corpus delicti of the crime of driving under the influence; 2) the trial court had a sua sponte duty to instruct the jury on a lesser included offense of attempted driving under the influence; and 3) imposition of the upper term sentences violated his constitutional right to a jury trial.

Appellate Information

  • Decided 11/05/2007
  • Published 11/05/2007


  • COFFEE, J.


  • California Court of Appeal


  • For Appellees:
  • Wayne C. Tobin, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Paul M. Roadarmel, Jr., Supervising Deputy Attorney General, Lance E. Winters, Supervising Deputy Attorney General, April S. Rylaarsdam, Sonya Roth, Deputy Attorneys General, for Plaintiff and Respondent.
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