P. v. Drake
Defendant Douglas Elsworth Drake pled guilty to felony driving under the influence (DUI). Defendant also admitted three prior convictions for the same offense pursuant to an agreement under which he would receive the middle term of two years. The court sentenced him to two years in state prison with time credits.
On appeal defendant contends the trial court erred in refusing to strike a Nevada prior conviction for DUI, asserting: 1) the Nevada prior was invalid because the record does not show that he knowingly and voluntarily waived his constitutional rights in pleading to the Nevada charge; and 2) the record does not establish that the conduct underlying the Nevada prior would qualify as a prior DUI conviction had it occurred in California. The People essentially contend that these two issues are not reviewable because defendants motion to strike the Nevada conviction was denied before defendant made his guilty plea, and the issues were not preserved for appeal as a part of the plea agreement. Court agree with the Peoples argument and therefore affirm the judgment.
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