People v. O'Neil

Defendant appeals from a judgment convicting him of driving while addicted to a narcotic drug in violation of Vehicle Code section 23105. The primary issue in this ease turns upon the definition of the term “addicted” in section 23105. Since we find that the trial court erred in its formulation of that term, we must reverse the judgment and remand the cause for a determination of whether the defendant is “addicted” to the use of narcotics as we have defined that term in People v. Victor (1965) ante, pp. 280, 302-305 [42 Cal.Rptr. 199, 398 P.2d 391]; i.e., whether he exhibits the three…