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PEOPLE v. MALVITZ

Docket No. 7962.

11 Cal.App.4th Supp. 9 (1992)

14 Cal. Rptr.2d 698

THE PEOPLE, Plaintiff and Respondent, v. RONALD DEAN ARNOLD MALVITZ, Defendant and Appellant.

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

October 27, 1992.

Attorney(s) appearing for the Case

COUNSEL

Ronald Y. Butler, Public Defender, and Alan J. Crivaro, Deputy Public Defender, for Defendant and Appellant.

Michael R. Capizzi, District Attorney, Maurice L. Evans, Chief Assistant District Attorney, Wallace J. Wade, Assistant District Attorney, Kathleen M. Harper and Donald L. Clarence, Deputy District Attorneys, for Plaintiff and Respondent.

OPINION

JACKMAN, J.

We find that Vehicle Code section 23152, subdivision (a) prohibits driving a vehicle while under the influence of alcohol and/or drugs even though the vehicle is driven only in an area not open to the general public.

FACTS

(1) According to the stipulated facts, appellant, who was under the influence of alcohol, drove a motor vehicle on a privately owned and paved area which was part...

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