P. v. Denning
On February 28, 2011, Frederick Denning was convicted of driving under the influence causing injury (Veh. Code, § 23153, subd. (a)), driving with a measurable blood alcohol causing injury (Veh. Code, § 23153, subd. (b)) and possession of an open container in a motor vehicle (Veh. Code, § 23223). It was also found that Denning personally inflicted great bodily injury (Pen. Code, § 12022.7, subd. (a)) and had driven with a blood alcohol of 0.15 or more (Veh. Code, § 23578).
On May 2, 2011, Denning was sentenced to a six-year term of imprisonment, the execution of which was stayed for five years subject to a grant of probation. One of the terms of probation was that Denning was not permitted to drive a car unless licensed and insured as required by state law.
On June 20, 2011, the court granted Denning's request for a restricted license to drive to and from work and court-ordered programs and school.
On December 13, 2011, probation officers arrested Denning for driving with a suspended license and for driving in violation of the conditions of his probation.
Following an evidentiary hearing the court revoked probation and executed the previously suspended prison sentence.
Denning appeals contending the trial court erred in admitting a Department of Motor Vehicles (DMV) printout, which showed his license had been suspended in May 2011; that there is insufficient evidence that he willfully violated the conditions of probation; that the condition of probation which restricted his driving ability was vague and that the court abused its discretion in declining to reinstate him to probation in lieu of the prison sentence. We will find the challenge to the probation condition has been forfeited for failure to raise it in the trial court. We will reject the other contentions and affirm the trial court's decision.
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