P. v. Melgoza
Defendant Francisco Melgoza was charged by information with driving under the influence of alcohol within 10 years of a prior similar conviction, a felony (count 1; Veh. Code, 23152, subd. (a), 23550.5, subd. (a)); driving with a blood-alcohol content of 0.08 percent or more within 10 years of a prior similar conviction, a felony (count 2; Veh. Code, 23152, subd. (b), 23550.5, subd. (a)); failing to pass safely to the left, an infraction (count 3; Veh. Code, 21750); and failing to stop at a red light, an infraction (count 4; Veh. Code, 21453, subd. (a)). The information also alleged that defendant had served four prior prison terms (Pen. Code, 667.5, subd. (b)).
A jury convicted defendant on count 1, but acquitted him on count 2. In bifurcated proceedings, the trial court found defendant guilty on counts 3 and 4 and found the prior prison term enhancements true.
After denying defendants motion for new trial, the trial court sentenced defendant to a state prison term of six years.
On appeal, defendant renews the contention raised in his new trial motion: the trial court prejudicially abused its discretion by restricting defense counsels closing argument to 15 minutes. Finding no prejudice to defendant Court shall affirm.
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