P. v. Madani
When a person has been convicted of felony assault with a deadly weapon (Pen. Code, 245) by means of a vehicle, and the Department of Motor Vehicles (DMV) receives a certified abstract of judgment which shows these facts, it must revoke that persons drivers license for life. (Veh. Code, 13351.5 (section 13351.5).) The statute makes it absolutely clear that the DMV may revoke the license only if the abstract of judgment conveys all the required information. The statute also makes clear that it is the DMV, not the trial court, which is to revoke the license.
In this case, after a negotiated no contest plea to two felony violations of Penal Code section 245 which did not include vehicle use allegations, the trial court purported to revoke defendants license under section 13351.5 on its own motion, rather than referring the matter to the DMV. Moreover, the abstract of judgment does not show that the statutes criteria were satisfied and could not have done so under the express terms of the plea bargain. Therefore, the courts act amounted to an unauthorized sentence and violated the plea bargain. Court vacate defendants sentence and remand with directions that defendant be permitted to withdraw the plea.
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