P. v. Reyes
James Mitchell Reyes appeals the judgment entered after he pled guilty to unlawfully driving or taking a vehicle with a prior vehicle theft conviction (Veh. Code, § 10851, subd. (a); Pen. Code,[1] § 666.5), driving while intoxicated or with a blood alcohol level of 0.08 or more (Veh. Code, § 23152, subds. (a), (b)), and driving with a suspended license (Veh. Code, § 14601.2, subd. (a)). Appellant also admitted allegations that he had suffered a prior conviction for robbery (§ 211), which qualifies as a strike (§§ 667, 1170.12), and had served five prior prison terms (§ 667.5, subd. (b)). The trial court denied appellant's Romero[2] motion, struck the prior prison term allegations, and sentenced him to four years in state prison.
Because appellant pled guilty prior to trial, the relevant facts are derived from the preliminary hearing transcript. Someone stole a car from a gas station while its owner was paying for gas. Later that day, appellant was pulled over while driving the car erratically. Appellant was arrested after a preliminary alcohol-screening sample revealed he had a 0.24 blood alcohol level.
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