Capetillo

Appellant, Salvador Capetillo, was found guilty of unauthorized use of a vehicle (Veh. Code, § 10851), hit and run (§ 20001), and felony drunk driving (§ 23153, subd. (a)). He appeals only the felony drunk driving conviction.

We have concluded the evidence fails to establish the elements necessary for a felony drunk driving conviction. Therefore we modify the judgment in that respect. In all other respects, the judgment is affirmed.

Statement of Facts and Proceedings Below

On July 6, 1988, Douglas Snyder discovered his 1971 Chevrolet station wagon had been taken without his permission. The following day, Mr. Snyder’s automobile was involved in a collision with another automobile at an intersection.

The only testimony about the collision and Capetillo’s involvement was offered by Officer Bradley Berman. The officer testified he was in the process of issuing a traffic citation on July 7, 1988. He heard a loud noise and looked toward the nearby intersection. He saw two cars had collided there. The cars involved in the accident were Mr. Snyder’s station wagon and a Datsun. Officer Berman saw a person exit from the driver’s side of the station wagon and run away. Officer…