- Jurisdiction
- California
First lemme say, I'm in treatment and not proud of my actions.
I was convicted of felony DUI in January 2009 and sentenced to 2 years in prison, which I served 1 year actual time. Then in 2010, after my release, I committed the same offense again. I was sentenced to 3 years plus a 1 year "prison prior enhancement", ALL SUSPENDED and sent to long term treatment with 5 years formal probation. I competed the treatment and the probation successfully. Now, 5 years and 6 months after my last felony conviction and over 6 years since I was released from prison I am charged with another felony DUI. As I read the law for imposing a one year prison prior enhancement, I believe I am OUTSIDE the window of time that it can be imposed. My public defender seems lost. Can someone please tell me definitively what I'm looking at in this regard?
Thank you.
I was convicted of felony DUI in January 2009 and sentenced to 2 years in prison, which I served 1 year actual time. Then in 2010, after my release, I committed the same offense again. I was sentenced to 3 years plus a 1 year "prison prior enhancement", ALL SUSPENDED and sent to long term treatment with 5 years formal probation. I competed the treatment and the probation successfully. Now, 5 years and 6 months after my last felony conviction and over 6 years since I was released from prison I am charged with another felony DUI. As I read the law for imposing a one year prison prior enhancement, I believe I am OUTSIDE the window of time that it can be imposed. My public defender seems lost. Can someone please tell me definitively what I'm looking at in this regard?
Thank you.