People v. Casillas

Opinion

GOMES, J. *

The criminal law often punishes more harshly an accused who already has a criminal conviction than an accused who has none. The three strikes law is one example. (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (b)-(e).) Petty theft with a prior is another. (Pen. Code, § 666.) Vehicle Code sections 23152 and 23550 constitute yet another. Normally punishable as a misdemeanor, an offense of driving under the influence (DUI) is punishable as a felony if an accused has three “separate violations . . . which resulted in convictions” of DUI. (§§ 23152, 23536, 23540, 23546,…