Torrez

People v. Torrez

Good Law
31 Cal. App. 4th 1084·37 Cal. Rptr. 2d 712
Court of Appeal of CaliforniaJanuary 24, 1995B077691California3,184 words

Opinion

Opinion

Stone, J.

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 1086 OPINION Adolfo J. Torrez appeals from a judgment of conviction of two counts of driving while under the influence of alcohol (Veh. Code, § 23152, subds. (a), (b)), and one count of driving while his license was suspended for a prior conviction of driving under the influence (Veh. Code, § 14601.2, subd. (a)). The first two counts were felonies *Page 1087 because appellant had incurred three prior convictions. (Veh. Code, § 23175.) He contends that: 1) the trial court committed reversible error by allowing the jury to use appellant's postarrest statements to the police as evidence of his guilt; 2) his defense counsel was ineffective in failing to challenge the relevance of his admission to a prosecution witness; and 3) he was denied a fair trial and due process by the trial court's instructing the jury with CALJIC No. 2.01. There is no reversible error, and we affirm the judgment. FACTS Gloria Lopez heard a loud noise while she was in her brother-in-law's front yard near the corner of Second Street and Garfield in Oxnard, California. She saw…

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