P. v. Hass
A jury found defendant and appellant Donald Wayne Hass guilty of driving under the influence of alcohol with four prior convictions within the meaning of Vehicle Code sections 23550 and 23550.5[1] ( 23152, subd. (a), count 1), driving while having a .08 percent or higher blood alcohol content with four prior convictions within the meaning of sections 23550 and 23550.5 ( 23152, subd. (b), count 2), and driving when his license has been suspended for a prior driving under the influence (DUI) conviction ( 14601.2, subd. (a), count 3). The trial court found true the allegations that defendant had four prior DUI convictions, and that he had served one prior prison term within the meaning of Penal Code section 667.5, subdivision (b). The court sentenced him to a total of four years in state prison. Defendant apparently was out on bail and subsequently committed another section 23152, subdivision (a) offense, to which he pled guilty. The court then vacated the original sentence in the instant case, imposed a three year term, and ran it consecutive to the sentence in the subsequent case, for a total term of five years eight months. Defendant filed a timely notice of appeal. Court affirm.
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