People v. Molina

Opinion

SIMS, Acting P. J.

Defendant Luis Alonso Molina appeals from the judgment and sentence imposed following his conviction for driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)) 1 and driving with a prohibited blood-alcohol level of 0.08 percent or more (§ 23152, subd. (b)). Defendant contends the trial court erred in (1) refusing to instruct the jury on the defense of necessity, and (2) instructing the jury with CALJIC No. 17.41.1 (juror misconduct), which assertedly impinged upon defendant’s Sixth and Fourteenth Amendment rights to have a unanimous jury and a jury…