P. v. Martinez CA6
A jury convicted defendant Shane Moroni Martinez of driving under the influence of alcohol (DUI) (Veh. Code, § 23152, subd. (a); count 1) and driving with a 0.08% or higher blood alcohol level (§ 23152, subd. (b); count 2). The jury also found true for each count an allegation that Martinez had a prior DUI conviction (§ 23550.5).
Martinez contends on appeal that his convictions should be reversed because the trial court abused its discretion when it admitted Martinez’s prior DUI conviction and failed to bifurcate the trial on the prior conviction allegations. Relatedly, Martinez contends that his defense counsel rendered ineffective assistance of counsel when he failed to argue for exclusion of the prior DUI conviction and a bifurcated trial on the ground that the prior conviction was not an element of the charged offenses. In addition, Martinez contends that the prosecutor committed prejudicial misconduct when cross-examining Martinez, and that defense counsel provided inef
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