P. v. Eldon
Robert Ronald Eldon appeals from the judgment entered on his plea of nolo contendere to felony driving under the influence of alcohol with priors (Veh. Code, 23152, subd. (a), 23550, 23550.5.) He also admitted one prior conviction within the meaning of the Three Strikes law (Pen. Code, 1170.12, subds. (a)-(d), 667, subds. (b)-(i)), and having served a prior prison term (Pen. Code, 667.5, subd. (b)). He was sentenced to prison for three years eight months consisting of the low term for the offense doubled as a second strike, plus a one year term for the prior prison term. Police officers made a traffic stop of a vehicle appellant was driving, and determined he showed signs of intoxication. A blood alcohol test showed a blood alcohol level of 0.24 percent.
Appellant filed a notice of appeal and a request for a certificate of probable cause challenging the validity of his plea based on assertions of ineffective counsel. The trial court denied his request for the certificate of probable cause.
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