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PEOPLE v. ELLIS

No. F027262.

82 Cal.Rptr.2d 409 (1999)

69 Cal.App.4th 1334

The PEOPLE, Plaintiff and Respondent, v. Kenneth Howard ELLIS, Defendant and Appellant.

Court of Appeals of California, Fifth District.

February 16, 1999.

Attorney(s) appearing for the Case

Gail Harper, San Francisco, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, Stan Cross and Carlos A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

OPINION

VARTABEDIAN, Acting P.J.

Defendant, Kenneth Howard Ellis, was driving under the influence of alcohol when the car he was driving rear-ended another vehicle, injuring William Schmidt. He was convicted of numerous offenses, including violations of Vehicle Code section 23153, subdivisions (a) and (b).1 Subdivision (a) of section 23153 requires the prosecutor...

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