Legal Opinion
People v. Cortes
Appellate Division of the Superior Court of California
Decided September 7, 1989No. Crim. A. No. 2584PublishedCited by 5 opinions
1Opinion of the Court
Opinion
OSBORNE, J.
Defendant was convicted by a jury of violating Vehicle Code section 23152, subdivisions (a) (driving under the influence of alcohol) and (b) (driving with a blood-alcohol level of 0.10 percent or more). He appeals from the judgment, asserting errors in instruction. We find instructional error, and therefore reverse and remand for retrial.
Definition of “Under the Influence”
The jury was instructed that a person is under the influence of an alcoholic beverage when as a result of drinking such alcoholic beverage, his physical or mental abilities are impaired to such a degree…
2Cases cited10 opinions
- People v. WatsonCalifornia Supreme Court · 1956
- Morissette v. United StatesSupreme Court of the United States · 1952
- United States v. United States Gypsum Co.Supreme Court of the United States · 1978
- Carella v. CaliforniaSupreme Court of the United States · 1989
- People v. TewksburyCalifornia Supreme Court · 1976
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Fisher v. City of EuporaMississippi Supreme Court · 1991
- People v. McNealCalifornia Supreme Court · 2009
- People v. BransfordCalifornia Supreme Court · 1994
- People v. WeathingtonCalifornia Court of Appeal · 1991
- People v. BransfordCalifornia Supreme Court · 1994