P. v. Chavez
A jury convicted appellant Antonio Gonzalez Chavez of felony driving under the influence of alcohol (Veh. Code, 23152, subd. (a); count 1); in a separate proceeding, the court found true allegations that appellant had suffered three prior convictions of driving while having a blood alcohol content level of .08 percent or more (Veh. Code, 23152, subd. (b)), within the meaning of Vehicle Code section 23550; and appellant pled guilty to driving at a time his driving privilege had been revoked or suspended for driving while under the influence of alcohol (Veh. Code, 14601.2, subd. (a); count 3), a misdemeanor. The court imposed the three-year upper term on count 1. The court also found appellant to be in violation of probation in a separate case, and imposed a concurrent term in that case.
On appeal, appellant contends he was denied his rights to trial by jury and proof beyond a reasonable doubt under the United States Constitution because the trial court imposed the upper term on count 1 based on its own findings of certain aggravating factors. The People argue appellant has forfeited this claim because he did not raise it at sentencing, and that in any event, appellants challenge to the imposition of the upper term is without merit. Court affirm.
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