Moreno

Defendant appeals from the judgment on a jury verdict convicting him of possession of cocaine for sale (Health & Saf. Code, § 11351), misdemeanor driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)), and misdemeanor driving with a blood alcohol level in excess of 0.10 (Veh. Code, § 23152, subd. (b)). During the course of trial, defendant admitted he had suffered prior convictions for driving under the influence of intoxicants, in violation of Vehicle Code section 23152, subdivisions (a) and (b). The court sentenced defendant to prison for the median term of three years on his conviction of possession of cocaine for sale and stayed sentence on the other convictions.

On appeal, defendant urges reversal of his convictions because his trial counsel failed in several respects to provide him effective assistance. To the extent trial counsel failed to object to admission of defendant’s out-of-court statements when the prosecution failed to independently establish the corpus delicti of the Vehicle Code offenses, we are persuaded, albeit somewhat reluctantly, that trial counsel did fail to render effective assistance. We will therefore reverse defendant’s…