People v. Meza

Opinion

TURNER, P. J. The People appeal from an order pursuant to Penal Code section 13871 dismissing an amended information which alleged respondent committed two counts of driving under the influence of alcohol causing injury and suffered a prior felony conviction for which he served a separate [364]prison term. (Veh. Code, § 23153, subds. (a) & (b)2; Pen. Code, § 667.5, subd. (b).) The People contend: “The trial court erred in granting the motion to dismiss since [Penal Code] section 1387 does not bar the instant action.”

The preliminary hearing transcript established that at about 1:51 a.m. on July 20, 1988, John Pilgreen (Pilgreen) reported that respondent was one of two persons who had stolen his car from an Alhambra parking lot. Respondent drove away in Pilgreen’s car. A few minutes later and about a mile away, Pilgreen’s car collided with an Alhambra police vehicle injuring a police officer. Respondent was taken to a hospital, where a sample of his blood was taken. A blood-alcohol analysis dated July 28, 1988, reflected that respondent’s blood-alcohol level was .16 percent.

A felony complaint filed in case No. A577236 alleged that respondent and the codefendant Contreras committed robbery and a violation of “Vehicle Code § 10851.” As a result of those charges, respondent “received 12 months for a parole violation.” On December 1, 1988, case No. A577236 was dismissed on “the court’s” motion since “the victim had not been personally served.”

On January 5, 1989, the People refiled the same two counts, robbery and a violation of Vehicle Code section 10851, subdivision (a), as case No. A578592. In February 1989 respondent requested that he be brought to trial pursuant to Penal Code section 1381. No action was taken on the request. On July 10,1989, respondent was released from prison and arrested. On July 21, 1989, case No. A578592 which charged robbery and a violation of Vehicle Code section 10851, subdivision (c) was dismissed in municipal court pursuant to Penal Code section 1381.

On that same date, the People filed the complaint in the present case No. GA000269, which alleged the aforementioned driving under the influence of alcohol offenses. The superior court granted respondent’s motion to dismiss, finding that the driving under the influence of alcohol and causing bodily [365]