P. v. Umiye CA4/1
A jury found Omar Umiye guilty of driving under the influence of drugs (former Veh. Code, § 23152, subd. (e), now Veh. Code, § 23152, subd. (f)). He admitted to three prior DUI convictions (Veh. Code §§ 23152, subd. (a), 23103), and one prison prior (Pen. Code, § 667.5). The trial court imposed the upper term of three years, plus one year for the prison prior. The court sentenced Umiye to two years in custody, and two years of mandatory supervision. The supervision conditions included notifying the probation officer about residence changes and contacts with law enforcement.
Umiye contends his admissions were invalid, arguing the trial court failed to adequately advise him of his rights and his admissions were not voluntary and intelligent under the totality of the circumstances. This contention has merit. We reverse the admissions and remand for further proceedings and resentencing.
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