Dupuis

People v. Dupuis

Caution
1992 Cal. App. LEXIS 784·7 Cal. App. 4th 696·8 Cal. Rptr. 2d 923·92 Daily Journal DAR 8382·92 Cal. Daily Op. Serv. 5357
Court of Appeal of CaliforniaJune 19, 1992No. E010295California1,618 words

Opinion

Lead Opinion

Timlin, J.

Defendant seeks review of his case in this court, by way of this court’s order transferring this case to it from the appellate department of the superior court (appellate department) upon certification of the appellate department. Defendant was convicted in the municipal court of one count of driving a vehicle while under the influence of an alcoholic beverage (Veh. Code, § 23152, subd. (a)) and one count of driving a vehicle while having a blood-alcohol level of 0.10 percent or greater (Veh. Code, § 23152, subd. (b), as worded at the time of the offense), which convictions were attended by the municipal court’s finding that defendant had suffered a prior conviction under section 23152 of the Vehicle Code (the prior).

Notwithstanding defendant’s attempts to secure our review of the entirety of the municipal court proceedings, we shall conclude that only one, limited issue—whether or not the appellate department committed error in remanding to the municipal court for retrial the question of whether defendant was convicted of the alleged prior—is before us for hearing and decision.With respect to that one issue, we shall conclude that the appellate department did…

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