California Court of Appeal

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People v. Treadway, G038824

Sentence pursuant to Vehicle Code section 23550 after defendant suffered his fourth DUI conviction within a 10-year period is affirmed over claims that the current section 23550, as applied to him: 1) constitutes an ex post facto law; 2) violates due process rights; and 3) contravenes principles of estoppel because the oldest of his fourth DUI offense was more than 7, but less than 10, years old at the time the amended statute went into effect.

Appellate Information

  • Decided 06/03/2008
  • Published 06/03/2008

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Law Office of Barry T. Simons, Barry T. Simons, Laguna Beach, and Ronald L. Moore, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Steve Oetting, Robin Derman and Emily R. Hanks, Deputy Attorneys General, for Plaintiff and Respondent.
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