P.

P. v. Van Coutren CA2/8

Good Law
Court of Appeal of CaliforniaMay 23, 2013B240800California4,319 words

Opinion

Opinion

Rubin, J.

INTRODUCTION

Appellant was charged in count 1 with driving under the influence of alcohol or drugs (Veh. Code, § 23152, subd. (a))1 and in count 2 with driving while having a 0.08 percent or higher blood alcohol level (§ 23152, subd. (b)). It was further alleged that he had suffered three prior convictions pursuant to sections 23550 and 23550.5. A jury found appellant guilty of count 1, but not guilty of count 2. In a bifurcated proceeding, the trial court found the prior conviction allegations true and then sentenced appellant to three years in the county jail. Appellant contends the trial court (1) failed to instruct the jury on the defense of unconsciousness, (2) abused its discretion in admitting into evidence the results of his prior alcohol breath tests, and (3) erred by not striking his 2004 conviction for reckless driving because he purportedly did not receive proper advisements concerning the consequences of his plea. We find no error and affirm.

FACTS AND PROCEDURAL BACKGROUND

A. Prosecution Evidence

Anthony Reisner was inside his home at Willow Street and Clark Avenue in Long Beach when he “heard an accident” at about 2:00 a.m. on January 4, 2011. Looking…

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