Stanislaus County District Attorney Birgit Fladager announced Tuesday that Jesus Betanzos Marin, 41, of Oakdale, was sentenced to 16 months in state prison for two counts of felony drunk driving and being a felon in possession of a firearm.
On Aug. 12, 2015, a Stanislaus County Sheriff’s Deputy found Marin asleep behind the wheel of his car on the side of the road. Marin smelled of alcohol and exhibited symptoms consistent with a person under the influence of alcohol. An officer with the California Highway Patrol took over the investigation and determined that Marin drove while under the influence of alcohol. A chemical test of Marin’s blood showed an alcohol level of 0.18 percent, over twice the legal limit. Marin was charged with felony drunk driving based upon his prior felony conviction for drunk driving causing injury from 2007.
While out on bail, on Aug. 29, 2015, an Oakdale Police Department Officer saw Marin driving all over the roadway. Upon contact with Marin, the Officer could smell alcohol on Marin’s breath and about his person. Marin also exhibited symptoms consistent with being under the influence of alcohol. A breath test returned results of 0.19, and 0.18 percent respectively, over twice the legal limit of .08 percent. The officer also found a firearm in Marin’s vehicle – a violation of California law based upon Marin’s previous felony conviction which prohibits him from owning or possessing any firearms.
On Aug. 22, 2016, Marin pled no contest to two felony charges of driving with his blood alcohol over 0.08 percent. He also admitted he suffered a prior felony conviction for driving under the influence causing injury in 2007. In addition, he admitted to being a felon in possession of a firearm.
Pursuant to a plea agreement, the Honorable Ricardo Cordova sentenced Marin to 16 months in state prison.
In another case, Fladager announced that Gary Lynn Perdue, Jr., 36, of Modesto, was sentenced to 16 months in state prison for two convictions for felony drunk driving arising out of two separate incidents.
On May 20, 2016, Perdue was stopped by an Oakdale Police officer for an equipment violation. The officer smelled alcohol on Perdue’s breath. Perdue failed field sobriety tests and was arrested. A subsequent breath test showed his blood alcohol content to be 0.33 and 0.32 percent, four times the legal limit of .08 percent.
Three months later, on Aug. 21, 2016, Perdue was riding a motorcycle when he ran a stop sign and was stopped by a California Highway Patrol Officer. Perdue admitted that he had been drinking alcohol. Results of his field sobriety tests were consistent with being under the influence. He was arrested and a breath test determined Perdue’s blood alcohol content this time was 0.30 percent and 0.28 percent, over three times the legal limit.
Perdue was charged with felony drunk driving in both cases due to his history of having at least three previous drunk driving convictions.
On Aug. 26, 2016, Perdue pled no contest to felony drunk driving stemming from the May 20 incident. He admitted having three prior misdemeanor convictions for driving under the influence in July 2012, October 2013, and September 2013. Perdue also pled no contest to felony drunk driving stemming from the August 2016 incident.
Upon conviction and pursuant to a plea agreement, Judge Ruben Villalobos sentenced Perdue to 16 months in state prison.
Deputy District Attorney Bianca Yip prosecuted both cases for the People. Her position is funded by a grant provided by the California Office of Traffic Safety through the National Highway Traffic Safety Administration