Turntine

Statement of the Case On October 28, 2022, Appellant was arraigned and pled not guilty to a complaint charging him with a violation of section 23152, subdivision (a), Driving Under the Influence of Alcohol (Count One), and a violation of section 23152, subdivision (b), Driving While Having a Measurable Blood Alcohol of .08% or greater (Count Two). Trial began on December 13, 2022. During in limine motions, Appellant moved to exclude expert testimony that the expert believes “impairment for driving purposes is present in individuals with a 0.05% BAC.” In Appellant’s papers and argument, the motion was made under Evidence Code section 352 and on the grounds that it is not the law in California and would confuse the jury.

DECISION/STATEMENT OF REASONS (CCP § 77(d)) BY THE COURT The motion was denied. The motion was not renewed during testimony. Nor were any corrective instructions requested. On December 16, 2022, a jury found Appellant guilty of Count One and not guilty of Count Two. Appellant was sentenced immediately. Appellant filed his notice of appeal on January 12, 2023. A Wende brief was filed on May 26, 2023. On July 20, 2023, this Court requested supplemental briefing on…