Scott
People v. Scott
Opinion
Opinion
Haerle, J.
I. Introduction
This is an appeal by the Attorney General from a dismissal of an information charging felony drunk driving. The appeal implicates the application of the corpus delicti rule. We reverse and remand.
II. Factual and Procedural Background
At approximately 10:30 p.m. on October 3, 1997, California Highway Patrol (CHP) Officer Steven Barruel was dispatched to the intersection of Bethel Island Road and Willow Road West on Bethel Island, Contra Costa County. En route to this location, which he testified was “desolate” and dark, he saw no pedestrians or other vehicular traffic while driving onto the island. The nearest business to the intersection was about two miles away, and the only access to it via Bethel Island Road.
Contra Costa Deputy Sheriff Randy Blumberg and his cruiser were already on the scene when Barruel arrived. Also at the scene, albeit parked on the wrong side of the road, was a 1983 red Nissan Stanza. The left front tire was off the Nissan, and the car was raised up onto a hand jack. Immediately to the left of the Nissan where it was parked was a marsh; there were wet mud smears and liquid on the vehicle’s left front panel.