P. v. Perez
Defendant, Jose Jesus Perez, appeals from his conviction for felony driving under the influence of alcohol. (Veh. Code, 23152, subd. (a), 23550.) Defendant admitted that he was previously convicted of three violations of Vehicle Code section 23152, subdivision (b) and once of violating Vehicle Code section 23152, subdivision (a). Defendant further admitted that he had previously served a prison term. (Pen. Code, 667.5, subd. (b).) The trial court found that defendant was a habitual driving under the influence offender. (Veh. Code, 23550, subd. (b).) Defendant argues that the trial court improperly imposed the upper term and used the same facts to designate the crime as a felony and impose the upper term. Defendant also argues he was denied effective assistance of counsel. The Attorney General argues that additional fines and penalties should have been imposed. Court affirm but order the imposition of a mandatory fine, penalty assessments, the state surcharge, and the state court construction penalty.
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