"Defendant and appellant Anthony Jordan Billy was convicted of driving under the influence of alcohol (DUI) with three or more DUI offenses in the prior 10 years (Veh. Code, §§ 23152, subd. (b) & 23550, subd. (a)). 1 Under section 23552, subdivision (a), if a person convicted under section 23550 receives probation, “the court shall impose as [a] condition[] of probation that the person be confined in a county jail for at least 180 days.”"
Anthony. Tony. J-Rod. Billy. Whatever you prefer to be called. Please, please, please get it together.
Mr. Billy spent 180 days in a residential alcohol treatment facility, so that's good. But the Court of Appeal holds that he still has to spend 180 days in jail as well, because that's the mandatory minimum sentence under Section 23552(a). It doesn't matter that other provisions say that residential treatment counts. The specific subsection here controls.
Mr. Billy hasn't served his time in jail yet; the sentence has been stayed while his appeal was pending. Unfortunately for him, the time has now come to pay the piper.
