PEOPLE v. CRANE,
Trial court erred in enhancing defendant's DUI sentence under Vehicle Code Sec. 23540 based on his prior out-of-state conviction for "driving while ability impaired." Defendant admitted the fact of the prior out-of-state conviction after jury convicted him of pending charges, but a record of the out-of-state conviction was never offered or admitted into evidence at trial so that the court could determine whether the conduct underlying the out-of-state conviction would have violated California's DUI standard.
Comments on PEOPLE v. CRANE,