PEOPLE v. BELTRAN

No. A116944.

68 Cal.Rptr.3d 489 (2007)

157 Cal.App.4th 235

The PEOPLE, Plaintiff and Respondent, v. Oscar Adrian BELTRAN, Defendant and Appellant.

Court of Appeal of California, First District, Division Four.

November 27, 2007.


Attorney(s) appearing for the Case

Lauretta Marie Oravitz-Komlos, by Appointment of the Court of Appeal Under The First District Appellate Project's, Assisted Case System, for Appellant.

Edmund G. Brown Jr., Attorney General of the State of California, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Martin S. Kaye, Supervising Deputy Attorney General, Christopher W. Grove, Deputy Attorney General, for Respondent.


RUVOLO, P.J.

I. INTRODUCTION

Appellant Oscar Adrian Beltran (appellant) was convicted by a jury of driving under the influence of alcohol (count one) and driving with a blood-alcohol content (BAC) of 0.08 percent or more (count two) (Veh.Code, § 23152, subds.(a), (b), respectively). He appeals only from the conviction on count two, contending that the trial court erred by instructing the jury with CALJIC...

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