California Court of Appeal

Defendant's conviction and sentence for one count of driving with a blood alcohol level of .08 percent causing bodily injury are reversed and remanded, where: 1) the record indicates that the trial court was not aware that it was within the court's discretion whether to permit the filing of the amended information which alleged an additional prior felony conviction, and that the court did not exercise its discretion with respect to the matter; and 2) reversal is required because there is a reasonable probability that the court would have exercised its discretion to deny leave to amend.

Appellate Information

• Decided 11/04/2013
• Published 11/04/2013

Judges

• AARON

Court

• California Court of Appeal

Counsel