People v. Hernandez

Opinion

RAMIREZ, P. J.

—Defendant Frank Darrell Hernandez pled guilty to driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)) 1 and driving with a blood-alcohol level in excess of 0.08 percent (§ 23152, subd. (b)), and he admitted that during the latter, he had a blood-alcohol level of 0.15 percent or greater (§ 23578). He was granted probation and appeals, claiming the trial court lacked jurisdiction to enter a judgment against him and Penal Code section 1387, subdivision (a) barred the refiling of the misdemeanor information against him. The facts of this case are not…