California Supreme And Appellate Court
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Evidence
 

EVIDENCE LAW

A jury convicted Germemias Aguilera Torres of misdemeanor driving while under the influence of a drug (methamphetamine).(Veh. Code, § 23152, subd. (a).)  The trial court sentenced Torres to 120 days in jail.

Torres appeals, arguing there is insufficient evidence to establish his use of methamphetamine appreciably impaired his ability to drive safely.  Alternatively, Torres argues the trial court prejudicially erred by failing to give a unanimity instruction sua sponte.  In addition, Torres argues the trial court prejudicially erred by allowing the prosecutor to question an expert witness about an article on methamphetamine use and driving impairment.  To the extent defense counsel may have failed to preserve the latter issue for appeal, Torres argues defense counsel provided ineffective assistance of counsel. 

Conviction for driving while under the influence of a drug is reversed where there was insufficient evidence to support the conviction and prove that defendant's methamphetamine use actually impaired his driving ability on the night of his arrest.

People  v. Torres -D052887- 5/5/09 CA4/1
People  v. Torres -D052887- 5/5/09 CA4/1 -pdf

 

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