Minor

A jury convicted Michael J. Minor of one count of driving under the influence of alcohol or drugs causing injury (Veh. Code, § 23153, subd. (a)) and one count of driving with a measurable blood-alcohol of .08 percent or more causing injury (§ 23153, subd. (b)), counts 2 and 3. The jury acquitted Minor of count 1, vehicular marslaughter without gross negligence (Pen. Code, § 192, subd. (c)(3)), and was unable to reach a verdict on count 4, felony hit-and-run-with-injury (§ 20001). Subsequently, the prosecution moved to have the hit and run count dismissed. The trial court sentenced Minor to the middle term of two years in prison on the section 23153, subdivision (a), conviction. Pursuant to Penal Code section 654, the court stayed a three-year middle term on the other conviction. Minor appeals, contending there were various instructional errors and the trial court coerced the jury to reach a verdict.

Facts

On December 27, 1991, at 1:20 a.m., Paul Handte was driving westbound on the Coronado Bay Bridge in the slow lane when a large white American-made car passed him traveling 80 to 100 miles per hour. Shortly thereafter, Handte saw the large American car crash into the…