P. v. Medina CA6
Defendant was convicted by jury of, among other things, felony driving under the influence of alcohol with three prior DUI convictions. Defendant argues on appeal that the trial court erred by using the same factual basis both to impose the upper term for the felony DUI and to impose the prior prison term enhancements. Defendant alternatively argues his trial counsel provided ineffective assistance by not preserving the issue at sentencing. Defendant also asserts three sentencing errors which the People concede. We will modify the judgment to correct the conceded sentencing errors and affirm the judgment as modified.
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