PEOPLE v. MUNOZ

No. H023511.

125 Cal.Rptr.2d 182 (2002)

102 Cal.App.4th 12

The PEOPLE, Plaintiff and Respondent, v. Ubaldo Vazquez MUNOZ, Defendant and Appellant.

Court of Appeals of California, Sixth District.

As Modified on Denial of Rehearing October 4, 2002.


Attorney(s) appearing for the Case

Carl A. Gonser, San Rafael, Law Office of Carl A. Gonser, Attorney for Defendant and Appellant (Under appointment by the Court of Appeal).

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Laurence K. Sullivan, Supervising Deputy Attorney General, Thomas A. Brady, Deputy Attorney General, Attorneys for Plaintiff and Respondent.


WUNDERLICH, J.

Driving under the influence of alcohol or drugs, or driving while having 0.08 percent or more of alcohol in one's blood is a misdemeanor. (Veh.Code, § 23152, subds.(a) & (b).)1 However, the same offense may be charged as a felony if the offense occurred within seven years of three or more separate driving under the influence (DUI) violations that resulted in convictions. (Former § 23175, subd. (a) [repealed...

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