People v. Smylie

Defendant was convicted after a court' trial of felony drunk driving. (Veh. Code, § 23101.) Defendant was found not guilty of “hit and run” driving. (Veh. Code, §§ 20001-20003.) He appeals from the order suspending judgment on the offense of which he was found guilty and granting probation, also from the order denying his motion for a new trial. The latter order being nonappealable, the appeal therefrom will be dismissed.

The three elements of the felony drunk driving of fense are: (1) driving on a highway while intoxicated; (2) doing an act forbidden by law or in neglect of a duty imposed by…