Rice

John Joseph Rice was convicted by a jury of driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)). The jury also found Rice had suffered two prior convictions for driving under the influence (former Veh. Code, § 23102, subd. (a)). On appeal, Rice contends the trial court should have granted his Penal Code section 1118.1 motion for acquittal, erred in instructing the jury and should have struck prior convictions on the grounds of former jeopardy and collateral estoppel.

Facts

At about 6 p.m. on May 5, 1985, Officer Findlay was on duty in a marked patrol car on Interstate 5 when Rice accelerated on his motorcycle and wove through three lanes of traffic. The freeway traffic at this time was moderate to heavy. Findlay paced Rice for about a half mile at 75 miles per hour.

Findlay turned on his red spotlight and “wig-wag” lights (flashing high beam headlights that alternate). Rice accelerated and changed lanes. His speed increased to 80 miles per hour. Eventually, Rice slowed and came to a stop at a freeway exit about two miles from the point where the officer had first activated his lights.

The officer asked Rice whether he had had anything to drink. Rice…