PEOPLE v. ANDRADE

Docket No. 19879.

141 Cal.App.3d Supp. 36 (1983)

190 Cal. Rptr. 738

THE PEOPLE, Plaintiff and Appellant, v. PEDRO JAVIER ANDRADE, Defendant and Respondent.

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

February 22, 1983.


Attorney(s) appearing for the Case

COUNSEL

Robert H. Philibosian, District Attorney, Donald J. Kaplan and Arnold T. Guminski, Deputy District Attorneys, for Plaintiff and Appellant.

Ira Reiner, City Attorney, and Jack L. Brown, Deputy City Attorney, as Amici Curiae on behalf of Plaintiff and Appellant.

Wilbur F. Littlefield, Public Defender, Laurence M. Sarnoff, Sharyn Sala and Albert J. Menaster, Deputy Public Defenders, for Defendant and Respondent.


OPINION

ROTHMAN, J.

Defendant was accused of violating Vehicle Code section 23152, subdivision (a) (driving under the influence of an alcoholic beverage) on January 9, 1982, with a prior conviction in 1980 of former Vehicle Code section 23102, subdivision (a). Defendant moved to strike the alleged prior conviction on the ground that Vehicle Code section 23102 did not constitute...

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