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  5. 219 Cal.App.3d 1408 (1990)
 

PEOPLE v. FUGATE

Docket No. C006327.

219 Cal.App.3d 1408 (1990)

269 Cal. Rptr. 37

THE PEOPLE, Plaintiff and Respondent, v. HAROLD WALTER FUGATE, Defendant and Appellant.

Court of Appeals of California, Third District.

April 30, 1990.

Attorney(s) appearing for the Case

COUNSEL

William J. Schmidt, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Richard B. Iglehart, Chief Assistant Attorney General, Michael J. Weinberger and Thomas Y. Shigemoto, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.1]

OPINION

MARLER, J.

INTRODUCTION

Defendant Harold Walter Fugate was charged by information with four felonies and two misdemeanors. The charges were driving under the influence causing bodily injury (count I) (Veh. Code, § 23153, subd. (a)); driving with blood alcohol in excess of .10 percent causing bodily injury (count II) (Veh. Code...

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