Acevedo

Moisés Acevedo, defendant, was convicted in two separate jury trials of several Vehicle Code violations, including felony drunk driving offenses, as well as possession of methamphetamine and misdemeanor possession of marijuana. The fact he had suffered a prior serious felony conviction (strike) within the meaning of Penal Code section 667, subdivision (d) was found true. He appeals, raising three sentencing errors, two of which have merit. Additionally, he argues the trial court erred when it prevented his counsel from cross-examining the criminalist about the partition ratio used to convert a urine-alcohol measurement into a blood-alcohol equivalent. As we will discuss in the published portion of this opinion, the partition ratio used to convert a urine-alcohol measurement into a blood-alcohol equivalent is relevant evidence in a prosecution under Vehicle Code section 23152, and the trial court prejudicially erred when it precluded cross-examination on the subject.

Facts and Proceedings

On December 27, 1997, California Highway Patrol Officer John French saw a car pass by him. He noticed the driver, defendant, was not wearing his seat belt. Defendant was driving 10 to…