People v. Baez

Opinion

RUVOLO, P. J.

There are several instances where the law punishes more harshly an accused who has another conviction for a separate offense than an accused who has none. The three strikes law is one example. (Pen. Code, § 667.) Petty theft with a prior is another. (Pen. Code, § 666.) Vehicle Code 1 sections 23152, 23550, and 23550.5 constitute yet another. Normally, driving under the influence of alcohol or drugs is a misdemeanor. (§23152, subds. (a), (b).) However, driving under the influence (DUI) may be charged as a felony depending on whether the accused has a prior conviction for…