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PEOPLE v. VANGELDER

No. S195423.

58 Cal.4th 1 (2013)

164 Cal. Rptr. 3d 522

312 P.3d 1045

THE PEOPLE, Plaintiff and Respondent, v. TERRY VANGELDER, Defendant and Appellant.

Supreme Court of California.

November 21, 2013.

Attorney(s) appearing for the Case

Charles M. Sevilla , under appointment by the Supreme Court, for Defendant and Appellant.

Michael J. Fremont ; Bartell & Hensel, Donald J. Bartell and Lara J. Gressley for the California DUI Lawyers Association as Amicus Curiae on behalf of Defendant and Appellant.

Jan I. Goldsmith , City Attorney, Tricia Pummill , Assistant City Attorney, Marlea F. Dell'Anno and Angie M. Reddish-Day , Division Chiefs, and Jonathan I. Lapin , Deputy City Attorney, for Plaintiff and Respondent.

OPINION

CANTIL-SAKAUYE, C.J.

In this prosecution for driving while having a proscribed alcohol concentration in blood or breath, the trial court excluded expert witness testimony challenging the reliability of breath-alcohol testing machines. Reviewing the ensuing conviction, the Court of Appeal determined that the trial court erred, and reversed for a new trial. We conclude that the trial court properly excluded the challenged expert testimony with respect...

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