State v. Ponce

Johnson, J.*

(concurring; dissenting) — I concur with the majority as to Ozuna and dissent regarding Ponce. I would reverse both convictions.

Each defendant was found to be a habitual traffic offender by virtue of the admission as evidence of three prior criminal traffic convictions over a period of less than 5 years. The mandatory consequence is that each defendant may not drive for a period of 5 years. RCW 46.65.060. If either does drive in violation of such status, he may be jailed for a period of up to 1 year. The . majority opinion sets forth the facts concerning the stipulation as to the…