People v. Scott

Opinion

HAERLE, J.—

I. Introduction

This is an appeal by the Attorney General from a dismissal of an information charging felony drunk driving. The appeal implicates the application of the corpus delicti rule. We reverse and remand.

II. Factual and Procedural Background

At approximately 10:30 p.m. on October 3, 1997, California Highway Patrol (CHP) Officer Steven Barruel was dispatched to the intersection of Bethel Island Road and Willow Road West on Bethel Island, Contra Costa County. En route to this location, which he testified was “desolate” and dark, he saw no pedestrians or other vehicular…