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Legal Opinion

People v. Garcia

Appellate Division of the Superior Court of California

Decided August 22, 1989No. Crim. A. No. 27238PublishedCited by 10 opinions

1Opinion of the Court

Opinion

HINZ, J.

Appellant was convicted of attempted driving under the influence. (Pen. Code, § 664; Veh. Code, § 23152, subd. (a).) The sole issue raised on appeal is whether this offense exists under California law.

We first consider the language and intent of the penal statutes governing attempted crimes. Pursuant to Penal Code section 664,1 “Every person who attempts to commit any crime, but fails, or is prevented or intercepted in the perpetration thereof, is punishable, where no provision is made by law for the punishment of such attempts, as follows: ...” (Italics added.) Section 1159…

2Cases cited10 opinions

  1. People v. SiuCalifornia Court of Appeal · 1954
  2. People v. FranquelinCalifornia Court of Appeal · 1952
  3. People v. MeyerCalifornia Court of Appeal · 1985
  4. People v. HanggiAppellate Division of the Superior Court of California · 1968
  5. People v. WilsonAppellate Division of the Superior Court of California · 1985

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3Cited by10 opinions

  1. Mercer v. Department of Motor VehiclesCalifornia Supreme Court · 1991
  2. People v. MathsonCalifornia Court of Appeal · 2012
  3. People v. LivelyCalifornia Court of Appeal · 1992
  4. State v. Superior Court of StateCourt of Appeals of Arizona · 1997
  5. State v. MobleyLouisiana Court of Appeal · 1990

5 more not listed; retrieve them via the Exa API.

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