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PEOPLE v. CORTES

Docket No. 2584.

214 Cal.App.3d Supp. 12 (1989)

263 Cal. Rptr. 113

THE PEOPLE, Plaintiff and Respondent, v. ANTHONY CORTES, Defendant and Appellant.

Court of Appeals of California, Appellate Department, Superior Court, Ventura.

September 7, 1989.

Attorney(s) appearing for the Case

COUNSEL

William L. Hinkle for Defendant and Appellant.

Michael D. Bradbury, District Attorney, and Robert W. MacKenzie, Deputy District Attorney, for Plaintiff and Respondent.

OPINION

OSBORNE, J.

Defendant was convicted by a jury of violating Vehicle Code section 23152, subdivisions (a) (driving under the influence of alcohol) and (b) (driving with a blood-alcohol level of 0.10 percent or more). He appeals from the judgment, asserting errors in instruction. We find instructional error, and therefore reverse and remand for retrial.

DEFINITION OF "UNDER THE INFLUENCE"

(1) The...

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