People v. McDonald

Opinion

WALLIN, J.

On its own motion this court transferred this case to itself for hearing and decision after the Appellate Department of the Orange County Superior Court reversed Bruce Robert McDonald’s convictions for driving under the influence of alcohol and driving with a blood-alcohol content of .10 percent or more. McDonald contends the trial court erred in its instructions to the jury on the use of the blood-to-breath partition ratio in determining the accuracy of a breath test. He also argues he was denied the effective assistance of counsel. We reverse McDonald’s convictions.

I

McDonald…