P. v. Alvarado CA1/3
Following a no contest plea, defendant Genove Alvarado was convicted of felony driving under the influence of alcohol (DUI) within 10 years of a prior felony DUI offense, felony driving with a blood-alcohol level of .08 percent or more within 10 years of a prior felony DUI offense, misdemeanor providing false identification information to a police officer, and misdemeanor driving on a license that had been suspended or revoked for a DUI conviction. Defendant also admitted enhancement allegations alleging that he had committed the present offenses with a blood-alcohol level of 0.15 percent or more.
Relying on two purported factual misstatements by the trial court at sentencing, defendant argues that the denial of probation constituted an abuse of discretion. We conclude defendant waived his right to object to any factual errors by failing to object to them in the court below and, further, that any such errors were not prejudicial. Accordingly, we affirm.
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