PEOPLE v. TROMBETTA

Docket Nos. AO16358, AO16374, AO17265, AO17266.

142 Cal.App.3d 138 (1983)

190 Cal. Rptr. 319

THE PEOPLE, Plaintiff and Respondent, v. ALBERT WALTER TROMBETTA, Defendant and Appellant. THE PEOPLE, Plaintiff and Respondent, v. MICHAEL GENE COX et al., Defendants and Appellants. In re GREGORY MOLLER WARD on Habeas Corpus. In re GALE BERNELL BERRY on Habeas Corpus.

Court of Appeals of California, First District, Division Four.

March 28, 1983.


Attorney(s) appearing for the Case

COUNSEL

John F. De Meo and Thomas R. Kenney for Defendants and Appellants.

Ed Kuwatch as Amicus Curiae on behalf of Defendant and Appellant.

J. Frederick Haley and John A. Pettis for Petitioners.

James R. Jenner, Public Defender, and Scott A. Sugarman, Assistant Public Defender, as Amici Curiae on behalf of Defendants and Appellants and Petitioners.

George Deukmejian and John K. Van de Kamp, Attorneys General, Robert H. Philibosian, Chief Assistant Attorney General, William D. Stein, Assistant Attorney General, Charles R.B. Kirk and Gloria F. DeHart, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

POCHE, J.

These cases arise, in diverse procedural settings, from misdemeanor prosecutions for driving under the influence of intoxicating liquor (formerly Veh. Code §§ 23101, subd. (a), or 23102, subd. (a); now §§ 23153, subd. (a), or 23152, subd. (a), respectively). The issue raised is whether intoxilyzer breath results are rendered inadmissible in a trial for driving under the influence of intoxicating...

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