PEOPLE v. PALMER
Filed 8/31/06
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Plumas)
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| THE PEOPLE, Plaintiff and Respondent, v. REX EVANS PALMER, Defendant and Appellant. |
C049018
(Super. Ct. No. 0228980)
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Continue from Part I ………
We respectfully decline to follow the Tighe, supra, 266 F.3d 1187, majority opinion and follow the reasoning of Bowden. Similar reasoning applicable to the use of a prior juvenile adjudication to which no right to a jury trial attached applies here to the use of a prior Nevada misdemeanor driving-under-the-influence conviction to which no right to a jury trial attached. Nevada's misdemeanor driving-under-the-influence statute provides for a maximum prison term of six months or less and requires no jury trial since the offense is considered a petty offense (NRS § 484.3792, subds. 1(a)(2), (1)(b)(1)(I); see Appendix III, post; Blanton v. North Las Vegas (1989) 489 U.S. 538 [103 L.Ed.2d 550]). â€