People v. Linares

Opinion

VARTABEDIAN, Acting P. J.

Defendant Eduardo Villanueva Linares rammed his car into the victim, causing severe damage to the victim’s leg

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that led to amputation of the leg. He pleaded no contest to one count of attempted murder (Pen. Code, §§ 664, 187) with a great bodily injury enhancement. Vehicle Code section 13351.5

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requires the Department of Motor Vehicles (DMV) to permanently revoke the driver’s license of one convicted of a felony violation of Penal Code section 245 (assault with a deadly weapon) when a vehicle is found by the court to constitute the deadly weapon used to commit the offense. Defendant appeals claiming the trial court erred when it recommended that his driver’s license be revoked pursuant to section 13351.5.

Discussion

Section 13351.5 provides in pertinent part:

“(a) Upon receipt of a duly certified abstract of the record of any court showing that a person has been convicted of a felony for a violation of Section 245 [assault with a deadly weapon or force likely to produce great bodily injury] of the Penal Code and that a vehicle was found by the court to constitute the deadly weapon or instrument used to commit that offense, the department immediately shall revoke the privilege of that person to drive a motor vehicle.

“(b) The department shall not reinstate a privilege revoked under subdivision (a) under any circumstances.”

The probation officer’s report for sentencing included a recommendation that defendant’s driving privilege be revoked for life pursuant to section 13351.5.

At sentencing, the trial court commented, “At this point I’m not going to revoke his driving privilege unless it’s mandatory.” The district attorney then stated: “I believe it is mandatory.” The court replied: “If it is mandatory, then it’s revoked for life pursuant to Vehicle Code Section 13351.5. I am stating for the record if it’s not mandatory, I would not suspend it for life or revoke if [sic] for life.”

The minute order from the judgment states: “Pursuant to Vehicle Code Section 13351.5, it is recommended the defendant’s driving privilege shall be revoked for life. ([I]f not mandated Court would not revoke for life). Clerk to forward an abstract of these proceedings to the Department of Motor Vehicles.” The abstract of judgment contains identical language to the minute order.