California Court of Appeal

Sentence for driving under the influence of alcohol/drugs with a prior felony within 10 years is affirmed where the trial court properly denied defendant credit for time served in parole revocation custody as defendant has not shown that, but for having driven under the influence of alcohol, he would not have been held in custody for the period of time in question.

Appellate Information

• Decided 05/12/2009
• Published 05/12/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Neil Auwarter, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Peter Quon, Jr., and Lilia E. Garcia, Deputy Attorneys General, for Plaintiff and Respondent.