Dietrick v. Superior Court

Opinion

DUARTE, J.

This case involves “ ‘a particularly unpardonable fault of the prosecutor—unpreparedness.’ ” (People v. Whitaker (2013) 213 Cal.App.4th 999, 1006 [153 Cal.Rptr.3d 165].)

PROCEDURAL BACKGROUND

On March 16, 2012, the People filed their first felony complaint charging petitioner Erick Lloyd Dietrick with driving under the influence of alcohol (DUI) (Count One), and DUI with a blood-alcohol level above 0.08 percent (Count Two), and as to each count alleged he had been convicted of a felony DUI within the past 10 years. (See Veh. Code, §§ 23152, subds. (a) & (b), 23550.5.) Absent…