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PEOPLE v. PENA

Docket No. 20250.

149 Cal.App.3d Supp. 14 (1983)

197 Cal. Rptr. 264

THE PEOPLE, Plaintiff and Respondent, v. RUSSELL DAVID PENA, Defendant and Appellant.

Court of Appeals of California, Appellate Department, Superior Court, Los Angeles.

September 16, 1983.

Attorney(s) appearing for the Case

COUNSEL

Richard L. Dewberry for Defendant and Appellant.

Robert H. Philibosian, District Attorney, Donald J. Kaplan and Sterling S. Suga, Deputy District Attorneys, for Plaintiff and Respondent.

OPINION

BERNSTEIN, J.

Appellant, Russell David Pena, appeals his conviction for violation of former Vehicle Code section 23102, subdivision (a)1, driving under the influence of intoxicating liquor. Appellant contends the trial court erred in refusing his proferred jury instruction regarding appellant's theory of his defense. That theory was predicated on the presumed availability of what is generally termed...

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