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Name: People v. Casillas
Case #: F034666
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 09/10/2001
Subsequent History: None

At the time of his preliminary hearing on his fourth DUI, appellant had a pending DUI complaint, and two prior convictions for DUI. The magistrate held him to answer, but found insufficient evidence of the requisite “three separate violations…which resulted in convictions” which would have made the fourth DUI a felony. In this People’s appeal, the appellate court upheld the dismissal of the information. Pleading and proof of three separate violations resulting in convictions of DUI is a constitutional and statutory condition precedent for the prosecution and punishment of a fourth DUI as a felony.