California Court of Appeal

In a prosecution for felony DUI based on the defendant's having three predicate convictions within the preceding ten years, the conviction is reversed and the sentence vacated, where with respect to one of the predicate offenses, which occurred in Arizona, there was no evidence in the record of conviction to support a finding that it would have constituted a violation of Vehicle Code section 23152 as required to be a predicate offense, since notations on the Arizona judgment did not in any way establish that the blood alcohol content level was either admitted by or adjudicated against the defendant.

Appellate Information

• Decided 04/04/2012
• Published 04/04/2012

Judges

• McIntyre

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Thomas E. Robertson, Garrett Beaumont