P. v. Aguilar
On March 3, 2008, the San Bernardino County District Attorneys Office filed an amended information charging defendant and appellant Ismael Aguilar with driving under the influence (count 1) and driving with a blood-alcohol level of 0.08 percent or greater (count 2) under Vehicle Code section 23153, subdivisions (a) and (b). With respect to each count, the information also alleged great bodily injury enhancements under Penal Code sections 12022.7, subdivision (a), and 1192.7, subdivision (c)(8), and a serious or violent felony prior within the meaning of Penal Code sections 1170.12, subdivisions (a) through (d), and 667, subdivisions (b) through (i). On March 11, 2008, a jury found defendant guilty of the two driving under the influence charges and found untrue the great bodily injury enhancements. In a bifurcated proceeding, the trial court found the serious or violent felony prior to be true. On April 15, 2008, the trial court denied defendants Romero motion and sentenced defendant to six years in state prison.
On appeal, defendant contends that his conviction for driving with a blood-alcohol level of 0.08 percent or greater is not supported by substantial evidence. For the reasons set forth below, Court shall affirm the judgment.
Comments on P. v. Aguilar