Torres

A jury convicted Germemias Aguilera Torres of misdemeanor driving while under the influence of a drug (methamphetamine). (Veh. Code, § 23152, subd. (a).) The trial court sentenced Torres to 120 days in jail.

Torres appeals, arguing there is insufficient evidence to establish his use of methamphetamine appreciably impaired his ability to drive safely. Alternatively, Torres argues the trial court prejudicially erred by failing to give a unanimity instruction sua sponte. In addition, Torres argues the trial court prejudicially erred by allowing the prosecutor to question an expert witness about an article on methamphetamine use and driving impairment. To the extent defense counsel may have failed to preserve the latter issue for appeal, Torres argues defense counsel provided ineffective assistance of counsel.

We agree there is insufficient evidence to support the conviction and reverse the judgment. In view of our conclusion, we do not address Torres’s other arguments.

I

Prosecution Evidence

San Diego Police Narcotics Detective Ray Morales was surveilling a house and saw Torres drive up to it in a pickup truck. Torres went into the house for about five minutes and then…