California Court of Appeal

In a conviction of defendant for DUI, with four prior DUI convictions, and another subsequent DUI arrest, trial court's imposition of a four to eight months' imprisonment is affirmed where: 1) defendant's claim that trial court's refusal to grant her probation based on section 1203(e)(4) violated her due process rights under the Fourteenth Amendment is rejected, as she failed to establish prejudice; and 2) the amended section 4019 applies retroactively and defendant is entitled to custody credits totaling 385 days.

Appellate Information

• Decided 04/13/2010
• Published 04/13/2010

Judges

• LAMBDEN, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Under Appointment by the Court of Appeal, Matthew Zwerling, Executive Director, L. Richard Braucher, Staff Attorne, Attorneys for Defendant and Appellant., Edmund G. Brown, Jr. Attorney General of California, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Laurence K. Sullivan, Supervising Deputy Attorney General, René A. Chacon, Supervising Deputy Attorney General, Attorneys for Plaintiff and Respondent.