People v. Turpin CA6

I. INTRODUCTION

Defendant Elliot Brent Turpin was convicted by jury of driving under the influence (DUI) of a drug (Veh. Code, § 23152, subd. (f)), misdemeanor possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)), misdemeanor possession of controlled substance paraphernalia (Health & Saf. Code, § 11364, subd. (a)), and misdemeanor driving with a license suspended due to a prior DUI (Veh. Code, § 14601.2, subd. (a)). The trial court found true prior conviction allegations regarding count 1 (Veh. Code, § 23550.5; Pen. Code, § 1170.12, subd. (c)(2)). Defendant was sentenced to six years in prison. On appeal, defendant contends: (1) the evidence at trial did not establish the corpus delicti of the offense of DUI apart from defendant’s out-of-court statements; (2) there is not substantial evidence that he was driving while under the influence of a drug; (3) there is not substantial evidence that a drug sufficiently affected his ability to drive; and (4) the prosecutor committed misconduct in argument to the jury. For reasons that we will explain, we will affirm the judgment.

II. BACKGROUND

Defendant was charged by information with DUI of a drug with a prior…