What is the test for reversing a conviction where a defendant pleaded not guilty to a charge of recklessly driving under the influence of alcohol?

2 Having so concluded, we have disposed of the subcontention that the judgment must be reversed due to failure of the trial court to express the standard of proof it employed in determining the admissibility of the incriminating statement. (People v. Jiminez (1978) 21 Cal.3d 595, 609, 147 Cal.Rptr. 172, 580 P.2d 672.)

3 It is the law, however, that if a trial court bases its sentencing decision on the fact that a defendant, although having no substantial defense to present, pleads not guilty and demands a jury trial, thereby inconveniencing the court, such a sentence is invalid since it penalizes a defendant for asserting a right (jury trial) to which he is entitled. (See People v. Morales, supra, 252 Cal.App.2d at pp. 542-546, 60 Cal.Rptr. 671.)