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PEOPLE v. GUTIERREZ

No. BR 37127.

76 Cal.Rptr.2d 166 (1998)

65 Cal.App.4th Supp. 1

The PEOPLE, Plaintiff and Appellant, v. Gabriel Rivera GUTIERREZ, Defendant and Respondent.

Appellate Department, Superior Court of California, Los Angeles County.

As Modified April 22, 1998.

Attorney(s) appearing for the Case

James K. Kahn, City Attorney, Debbie Lew and Peter W. Mason, Deputy City Attorneys, for Plaintiff and Appellant.

Michael P. Judge, Public Defender, Albert J. Menaster and Mark G. Harvis, Deputy Public Defenders, for Defendant and Respondent.

OPINION AND JUDGMENT

TODD, Judge.

The order dismissing the charge set forth in count III of the complaint is reversed and the matter is remanded to the trial court for further proceedings consistent with this opinion.

FACTS

Respondent Gabriel Rivera Gutierrez was charged with violating Vehicle Code1 sections 23152, subdivision (a) (driving while under the influence of alcohol—count I), 23152, subdivision...

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