P. v. Flores CA2/2
Evel Ernesto Flores appeals the judgment entered following a jury trial in which he was convicted of one felony count of driving under the influence of alcohol in violation of Vehicle Code section 23152. Appellant admitted two prior conviction allegations. (Pen. Code, §§ 667.5, subd. (b), 1203, subd. (e)(4).) The trial court sentenced appellant pursuant to section 23550.5 to a total term of three years imprisonment in county jail. (Pen. Code, § 1170, subd. (h).)
Appellant contends the trial court erred and violated his due process rights in giving inaccurate and incomplete responses to the jury’s inquiries which diluted the prosecution’s burden of proof. He further argues that the trial court erred in sentencing him under section 23550.5 because his prior conviction was not punished as a felony and was therefore not a qualifying conviction. We disagree and affirm.
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