P. v. Sanchez
A jury convicted Secundino Sanchez of driving a vehicle under the influence of alcohol (count 1) and driving with blood-alcohol concentration (BAC) greater than 0.08 percent (count 4), both while having suffered a qualifying prior felony conviction within the preceding 10 years.[1] (Veh. Code, § 23152, subds. (a) & (b); all further statutory citations are to this code unless noted.) Sanchez contends the trial court interfered with his right to a unanimous jury by discharging a juror, ostensibly for refusing to deliberate. Sanchez also argues the court violated his confrontation rights by allowing a crime lab quality control analyst to testify concerning a BAC report prepared by other analysts. Lastly, Sanchez argues Senate Bill 18's increased accrual rate for conduct credits under Penal Code section 4019 should apply retroactively to the time he served in Orange County jail, a year before the statute's effective date.
We conclude the evidence relied upon by the trial court supports the court's conclusion the dismissed juror refused to deliberate; Sanchez's challenge on that score therefore fails. We also conclude Sanchez forfeited review of his confrontation claim because he raises it for the first time on appeal. The record suggests tactical reasons counseled against Sanchez confronting the lab analysts who prepared his BAC report; therefore there is no basis to consider an issue he declined to raise below. But we agree with Sanchez that he is entitled to increased custody credits. Court therefore affirm the judgment in part and reverse in part.
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