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PEOPLE v. EMERSON

No. C045613.

21 Cal.Rptr.3d 134 (2004)

The PEOPLE, Plaintiff and Respondent, v. Robert Francis EMERSON, Defendant and Appellant.

Court of Appeals of California, Third District.

Review Granted February 23, 2005.

Review Dismissed and Cause Remanded September 7, 2005.

Attorney(s) appearing for the Case

Richard J. Krech, Oakland, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, Jane N. Kirkland and David A. Rhodes, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

HULL, J.

Defendant Robert Francis Emerson was arrested after driving erratically and failing field sobriety tests. He subsequently was convicted of driving under the influence of alcohol and driving on a suspended license.

On appeal, defendant contends that the court erred in imposing the upper term of three years on the principal offense of driving under the influence (DUI) with a prior...

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