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PEOPLE v. CAPETILLO

Docket No. B040150.

220 Cal.App.3d 211 (1990)

269 Cal. Rptr. 250

THE PEOPLE, Plaintiff and Respondent, v. SALVADOR CAPETILLO, Defendant and Appellant.

Court of Appeals of California, Second District, Division Seven.

May 10, 1990.

Attorney(s) appearing for the Case

COUNSEL

Michael B. McPartland, 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, Edward T. Fogel, Jr., Assistant Attorney General, Robert F. Katz and Donald E. DeNicola, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

JOHNSON, J.

Appellant, Salvador Capetillo, was found guilty of unauthorized use of a vehicle (Veh. Code, § 10851),1 hit and run (§ 20001), and felony drunk driving (§ 23153, subd. (a)). He appeals only the felony drunk driving conviction.

We have concluded the evidence fails to establish the elements necessary for a felony...

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