Enriquez

People v. Enriquez

Good Law
1996 Cal. App. LEXIS 106·42 Cal. App. 4th 661·49 Cal. Rptr. 2d 710·96 Daily Journal DAR 1436·96 Cal. Daily Op. Serv. 935
Court of Appeal of CaliforniaFebruary 7, 1996H013717California1,535 words

Opinion

Opinion

Mihara, J.

In this action we hold that when a jury is instructed pursuant to CALJIC No. 12.65 (1992 rev.) an instruction defining “under the influence” such as set forth in CALJIC No. 16.831 (1992 rev.) must also be given.

Facts and Procedural History

On June 19, 1994, after smoking a cigarette laced with phencyclidine (PCP), defendant and Christine Martinez were outside Martinez’s mother’s house at 369 Fleming Avenue. When her mother came to the door, she observed Christine was under the influence of PCP and told her she had to leave. Her mother then called 911.

Reserve Deputy Sheriff Michael Phillips, who was on patrol in the area, was told to be on the lookout for a blue Chevy Sprint, occupied by a Hispanic male and female who were possibly under the influence. Phillips drove down Fleming Avenue, passed number 369, and saw a blue Sprint with two occupants parked three houses away. As he slowly passed the parked vehicle, Phillips observed defendant in the driver’s seat and the female in the passenger seat. After he passed the automobile, Phillips made a U-turn and parked 25 yards behind the Sprint. After approximately five minutes, defendant started the Sprint and drove in a…

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