P. v. Thomas
Defendant Timothy Edward Thomas pleaded no contest to driving with a blood alcohol level of .08 percent or above with three prior driving under the influence convictions (Veh. Code, 23152, subd. (b), 23550) and admitted a prior strike conviction. (Pen. Code, 1170.12.) According to facts contained in a motion filed by the defense, the charges were based on an incident in which defendant was driving a motorcycle at a high rate of speed and was unable to negotiate a curve in the road, resulting in his motorcycle jumping the curb and colliding with a street sign. When later tested at the hospital, defendants blood alcohol level was .19 percent. According to the information, the three prior driving under the influence convictions admitted by defendant occurred within 10 years of his current offense, and his prior strike conviction was for a violation of Penal Code section 288, subdivision (a) (lewd and lascivious act with a child under 14 years). In exchange for defendants plea, it was agreed he would receive a sentence of four years in state prison. Defendant was sentenced in accordance with the plea agreement.
Comments on P. v. Thomas