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PEOPLE v. KIRKWOOD

Docket No. 29872.

70 Cal.App.3d 290 (1977)

138 Cal. Rptr. 649

THE PEOPLE, Plaintiff and Respondent, v. JOEL PAUL KIRKWOOD, Defendant and Appellant.

Court of Appeals of California, Second District, Division Five.

May 31, 1977.

Attorney(s) appearing for the Case

COUNSEL

Stanley H. Anderson for Defendant and Appellant.

John K. Van de Kamp, District Attorney, Donald J. Kaplan and Daniel L. Bershin, Deputy District Attorneys, for Plaintiff and Respondent.

OPINION

ASHBY, J.

Defendant was charged with misdemeanor drunk driving. (Veh. Code, § 23102, subd. (a).) The evidence at trial consisted solely of the police report which the court considered after the following submission:

"THE COURT: Sir, is it your desire that the matter be submitted to me on the basis of the police report to determine whether you are guilty or not guilty...

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