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WILKOFF v. SUPERIOR COURT

Docket No. L.A. 31942.

38 Cal.3d 345 (1985)

696 P.2d 134

211 Cal. Rptr. 742

JOAN KATHRYN WILKOFF, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

March 18, 1985.

Attorney(s) appearing for the Case

COUNSEL

Ronald Y. Butler, Public Defender, Frank Scanlon, Assistant Public Defender, James Dean Allen, Vicki Briles and Leonard Gumlia, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

Cecil Hicks, District Attorney, Michael R. Capizzi, Assistant District Attorney, William W. Bedsworth and Randell L. Wilkinson, Deputy District Attorneys, for Real Party in Interest.

Darryl W. Genie as Amicus Curiae.

OPINION

BROUSSARD, J.

The issue in this case is whether one instance of driving under the influence which causes injury to several persons is chargeable as one count of driving under the influence or as several.

The pertinent statute is Vehicle Code section 23153,1 which at the time of the accident in question provided, in relevant part:

"(a) It is unlawful for any person, while under the...

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