Is a conviction under section 23550.5 of the California Vehicle Code (formerly Vehicle Code Section 23152) of the Vehicle Code applicable to a repeat offender with a prior DUI or vehicular manslaughter conviction?

California, United States of America


The following excerpt is from People v. Coreas, B257455 (Cal. App. 2015):

conviction under section 23550.5. An argument can be made that section 23550.5 is merely an enhanced sentencing scheme applied to certain repeat offenders with a prior DUI or vehicular manslaughter conviction. (See People v. Coronado (1995) 12 Cal.4th 145, 152, fn. 5 ["The prior conviction provisions of [former] Vehicle Code section 23175 do not define a substantive offense, but rather result in increased punishment for a current conviction under Vehicle Code section 23152"].) Certain language in section 23550.5 suggests that it enhances punishment for convictions under section 23152 or 23153. We do not reach the merits of the issue, however, due to the defects in the abstract of judgment that require modification of the judgment.

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