California Court of Appeal

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People v. Barclay, H038109

Defendant's felony convictions of violating Vehicle Code section 23152(a) for driving under the influence of alcohol and section 23152(b) for driving with a blood alcohol content of 0.08 percent or higher is affirmed, where: 1) due to defendant's prior juvenile adjudication for felony vehicular manslaughter, the trial court elevated the convictions to felonies pursuant to section 23550.5(a)(3); and 2) the plain language of section 23550.5(a)(3) authorized the elevation of defendant's section 23152 convictions to felonies.

Appellate Information

  • Decided 07/11/2013
  • Published 07/11/2013

Judges

  • RUSHING

Court

  • California Court of Appeal

Counsel

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