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PEOPLE v. HERNANDEZ

No. E047219.

181 Cal.App.4th 404 (2010)

THE PEOPLE, Plaintiff and Respondent, v. FRANK DARRELL HERNANDEZ, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Two.

As modified February 1, 2010.

Attorney(s) appearing for the Case

Kennedy & Roe and Michael J. Kennedy for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Steve Oetting and Meredith A. Strong, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

RAMIREZ, P. J.—

Defendant, Frank Darrell Hernandez, pled guilty to driving under the influence of alcohol (Veh. Code, § 23152, subd. (a))1 and driving with a blood-alcohol level in excess of 0.08 percent (§ 23152, subd. (b)), and he admitted that during the latter, he had a blood-alcohol level of 0.15 percent or greater (§ 23578). He was granted probation and appeals, claiming the trial...

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