People v. Camarillo

Opinion

STEVENS, J.

We hold that when a court acts under Penal Code section 17 to specify that a conviction for driving under the influence of alcohol shall be treated as a misdemeanor “for all purposes,” that offense may not afterwards be pled as a prior felony conviction under the terms of former Vehicle Code section 23175.5, now Vehicle Code section 23550.5 (Stats. 1998, ch. 118, § 84), even though the offense may have been originally punished as a felony. We therefore must reverse appellant’s present felony conviction and remand for the entry of a misdemeanor conviction of Vehicle Code…