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PEOPLE v. YBARRA

Docket No. H004029.

206 Cal.App.3d 546 (1988)

253 Cal. Rptr. 644

THE PEOPLE, Plaintiff and Respondent, v. MANUEL GARCIA YBARRA, Defendant and Appellant.

Court of Appeals of California, Sixth District.

December 8, 1988.

Attorney(s) appearing for the Case

COUNSEL

Rodney Richard Jones, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, David D. Salmon and Herbert F. Wilkinson, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

AGLIANO, P.J.

In this appeal, defendant Manuel Garcia Ybarra seeks review of the trial court's conclusion that defendant's instant violation of Vehicle Code section 23153, subdivision (a) (driving under the influence of alcohol and causing injury) constitutes a "serious felony" within the meaning of Penal Code1 sections 667 and 1192.7. Because resolution of this issue is premature, we shall strike...

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