PEOPLE v. ENRIQUEZ

Docket No. H013717.

42 Cal.App.4th 661 (1996)

49 Cal. Rptr.2d 710

THE PEOPLE, Plaintiff and Respondent, v. MARIO ENRIQUEZ, Defendant and Appellant.

Court of Appeals of California, Sixth District.

February 7, 1996.


Attorney(s) appearing for the Case

COUNSEL

Curtis V. Rodriguez for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Bruce Ortega and Mark S. Howell, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

MIHARA, J.

In this action we hold that when a jury is instructed pursuant to CALJIC No. 12.65 (1992 rev.) an instruction defining "under the influence" such as set forth in CALJIC No. 16.831 (1992 rev.) must also be given.

FACTS AND PROCEDURAL HISTORY

On June 19, 1994, after smoking a cigarette laced with phencyclidine (PCP), defendant and Christine Martinez were outside Martinez's mother's house at 369 Fleming...

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