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PEOPLE v. RICE

Docket No. D007151.

200 Cal.App.3d 647 (1988)

246 Cal. Rptr. 177

THE PEOPLE, Plaintiff and Respondent, v. JOHN JOSEPH RICE, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

April 21, 1988.

Attorney(s) appearing for the Case

COUNSEL

Diane C. Campbell for Defendant and Appellant.

Edwin L. Miller, Jr., District Attorney, Terri M. Schools and D. Michael Ebert, Deputy District Attorneys, for Plaintiff and Respondent.

OPINION

KREMER, P.J.

John Joseph Rice was convicted by a jury of driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)). The jury also found Rice had suffered two prior convictions for driving under the influence (former Veh. Code, § 23102, subd. (a)). On appeal, Rice contends the trial court should have granted his Penal Code section 1118.1 motion for acquittal, erred in instructing the jury and should have...

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