P. v. Rhyne
Defendant James Anthony Rhyne pleaded guilty to driving under the influence of alcohol with three prior convictions for driving under the influence (Veh. Code, 23152, subd. (a), 23550) and admitted he had a prior strike conviction (Pen. Code, 1170.12) and had served four prior prison terms (Pen. Code, 667.5, subd. (b)). The charges stemmed from an incident in which defendant was contacted by a highway patrol officer who saw defendants car stopped on the shoulder of a highway onramp. Defendant, who was the only person in the vicinity of the car and acknowledged being its owner, had a blood alcohol level of .11 percent when contacted by the officer. Defendant entered his plea with the understanding that the remaining charges and enhancements would be dismissed and he would be sentenced to state prison for 10 years. The trial court denied probation and sentenced defendant in accordance with the plea agreement. The judgment is affirmed.
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