Gary

Statement of the Case

Appellant was charged with violating Vehicle Code section 23153, subdivision (b) (driving with a blood alcohol level of .10 or more and causing bodily injury) in count one and Vehicle Code section 23153, subdivision (a) (driving while under the influence of alcohol and causing bodily injury) in count two. As to each count, it was alleged that while driving, appellant did an act forbidden by law in that he violated Vehicle Code section 21657, driving the wrong way on a one-way street, Vehicle Code sections 21650 and 530, failing to drive on the roadway, and Vehicle Code sections 22348 and 22350, speeding. Appellant was also charged with having suffered two prior convictions of driving while under the influence of alcohol.

The jury found appellant guilty as charged. He moved for a new trial on the ground that the evidence was insufficient to support the verdict. The trial court denied this motion, determined the offense to be a violation of Vehicle Code section 23153, subdivision (b), and sentenced appellant to state prison for the middle term of three years.

Statement of Facts

While Judith Mossa, who lives on a one-way street, was backing her car…