People v. Grabham (Cal. Ct. App., Aug. 31, 2021, No. A160384) 2021 WL 3909628, at *1
Summary: Grabham was convicted of violating Vehicle Code 1 section 23152, subdivision (a) (section 23152(a)) and section 23152, subdivision (b) (section 23152(b)). Grabham arguesd that section 23152(a) and (b) are different statements of the same offense and Penal Code section 954 trequires vacatur of one of his convictions. The First Appellate District concluded that section 23152(a) and (b) are separate offenses and Grabham may properly be convicted of both.
Facts: California Highway Patrol Officers initiated a traffic stop due to Grabham’s cellphone use and expired registration. After smelling alcohol coming from the truck and observing that Grabham’s eyes were red and watery and that his speech was slurred a full DUI investigation was conducted.