People v. Elizalde

Defendant, Epifanio Elizalde, appeals from a judgment revoking his probation. Defendant’s underlying conviction was his third conviction of driving under the influence of alcohol. Defendant points out that the trial court’s order entering his conviction errantly states that his conviction was a Class 2 felony where a third conviction of driving under the influence of alcohol is only a Class 3 felony. Defendant argues that we should correct the judgment order and adjust his sentence to reflect that his conviction was a Class 3 felony. For unrelated reasons, defendant also argues that he should…