Felony DUI, failure to appear get Modestan 44-month prison sentence

A Modesto man was sentenced Tuesday to three years and eight months in state prison after being convicted of driving under the influence. Three years of the sentence is the maximum penalty for felony DUI, and the rest stems from the defendant’s failure to appear at an initial sentencing hearing, according to the Stanislaus County District Attorney’s Office.

On Feb. 23, 2013, Enrique Moreno was pulled over by a sheriff’s deputy for driving on the wrong side of the road at about 11:40 p.m. on Ninth street in Modesto.

A California Highway Patrol officer investigated Moreno for suspicion of driving under the influence and noticed signs of intoxication.

Moreno refused to perform field sobriety tests and admitted, “I’ve had too much to drink,” according to court records. A blood sample showed his blood alcohol level to be 0.18 percent, more than twice the legal limit.

Because of a prior felony DUI conviction, the new case was elevated to a felony.

On Oct. 21, 2014, Judge Marie Silveira accepted Moreno’s no contest plea and allowed him to remain out of custody pending sentencing on Jan. 8. Moreno was required to report to the Probation Department for an interview so that a sentencing report could be completed.

During his interview, Moreno, whose driver’s license was suspended, admitted to drinking alcohol subsequent to his earlier plea to the felony charge. He also told the interviewing probation officer he was “dropped off by a friend” to the interview.

But deputy probation officer McCoy watched Moreno drive away in his truck after the interview. Moreno then failed to appear for his sentencing. He was apprehended in mid-May after over four months at large.

This story was originally published May 28, 2015 at 8:27 AM with the headline "Felony DUI, failure to appear get Modestan 44-month prison sentence."