Is section 654 of the California Vehicle Code an enhancement to a conviction for impaired driving under Vehicle Code section 23175?

California, United States of America


The following excerpt is from People v. Flores, 129 Cal.App.4th 174, 28 Cal.Rptr.3d 232 (Cal. App. 2005):

applicability of section 654 depends on the enhancement at issue in People v. Coronado (1995) 12 Cal.4th 145, 48 Cal.Rptr.2d 77, 906 P.2d 1232. In Coronado, the court held that section 654 did not bar the use of a single felony drunk driving conviction to both elevate the defendants later drunk driving conviction to a felony under Vehicle Code section 23175 and enhance his sentence under section 667.5. (Id. at p. 158, 48 Cal.Rptr.2d 77, 906 P.2d 1232.)

In People v. Arndt (1999) 76 Cal.App.4th 387, 90 Cal.Rptr.2d 415, the court held that

[28 Cal.Rptr.3d 241]

Other Questions


Is a conviction under section 23550.5 of the California Vehicle Code (formerly Vehicle Code Section 23152) of the Vehicle Code applicable to a repeat offender with a prior DUI or vehicular manslaughter conviction? (California, United States of America)
Does Vehicle Code section 23558 of the California Vehicle Code provide notice of enhancements to a motor vehicle under Vehicle Code Section 12022.7? (California, United States of America)
Can a convicted sex offender be sentenced to life imprisonment under section 667.67.51, subdivision (c) of the California Penal Code for a conviction of lewd or lascivious acts and finding of two prior convictions within the meaning of Section 67.51? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
What is the test for determining whether a defendant is liable for a motor vehicle accident under the California Vehicle Accident Act or the California Motor Vehicle Act? (California, United States of America)
What is the test for an enhancement to a conviction under section 186.22(b)(1) of the California Criminal Code when a defendant is convicted of a criminal street crime committed for the benefit of a street gang? (California, United States of America)
When a convicted criminal has completed his sentence for a conviction for a crime committed under section 1170.18, subdivision (f) of the California Criminal Code, can the conviction be reduced to a misdemeanor? (California, United States of America)
Is a defendant's sentence for unlawfully taking or driving a vehicle in count 5 of the California Vehicle Accused Robbery and Vehicle Theft Act stayed? (California, United States of America)
How have courts treated section 597, subdivision (b) of the California Vehicle Code when a defendant is convicted of driving under the influence of alcohol? (California, United States of America)
Is unlawfully driving or taking a vehicle a crime that is not considered a "grand theft auto" under section 490.2 of the California Vehicle Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.