PEOPLE v. CAMARILLO

No. A087919.

101 Cal.Rptr.2d 618 (2000)

84 Cal.App.4th 1386

The PEOPLE, Plaintiff and Respondent, v. Gonzalo Cachola CAMARILLO, Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

November 27, 2000.


Attorney(s) appearing for the Case

Joseph Baxter, Santa Rosa, Counsel for Defendant/Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Stan M. Helfman, Supervising Deputy Attorney General, John R. Vance, Jr., Deputy Attorney General, Counsel for Plaintiff/Respondent.


STEVENS, J.

We hold that when a court acts under Penal Code section 17 to specify that a conviction for driving under the influence of alcohol shall be treated as a misdemeanor "for all purposes," that offense may not afterwards be pled as a prior felony conviction under the terms of former Vehicle Code section 23175.5, now Vehicle Code section 23550.5 (Stats.1998, ch. 118, § 84, p. 64), even though the offense may have been originally punished as a felony. We...

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