P. v. Gonzales
By information filed February 5, 2008, appellant Mario Gonzales was charged with the following offenses: false personation (Pen. Code, 529;[1]count 1); driving while under the influence of alcohol and/or drug (Veh. Code, 23152, subd. (a); count 2); driving while having a blood alcohol content of .08 percent or more (Veh. Code, 23152, subd. (b); count 3); and driving without a valid license (Veh. Code, 12500, subd. (a); count 4). It was also alleged in the information that appellant had suffered a strike[2]and had served a prison term for a prior felony conviction ( 667.5, subd. (b)), and that in committing the count 2 and count 3 offenses he was driving 30 or more miles per hour over the speed limit on a freeway (Veh. Code, 23582).
The $50 penalty assessments purportedly imposed under sections 1463.13 and 1463.25, respectively, are stricken. In all other respects, the judgment is affirmed.
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