P. v. Hernandez
A jury convicted defendant Rigoberto Ricardo Hernandez, Jr., of felony driving under the influence of alcohol (Veh. Code, § 23152, subd. (a) (DUI))[1] and felony driving with a blood-alcohol concentration of .08 percent or more (§ 23152, subd. (b)) and, as to both offenses, found true the allegation defendant had a blood alcohol-concentration of .20 percent or more (§ 23538, subd. (b)(2)). The trial court found true the allegations defendant had suffered a prior felony conviction for DUI within 10 years (§ 23550, subd. (a)), and defendant had served three prior prison terms but did not remain free of custody for a period of five years prior to the commission of the above felony offenses (Pen. Code, § 667.5, subd. (b)). Defendant also pleaded guilty to misdemeanor driving on a suspended license (§ 14601.2, subd. (a)).
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