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Legal Opinion

People v. Rice

California Court of Appeal

Decided April 21, 1988No. D007151PublishedCited by 10 opinions

1Opinion of the Court

Opinion

KREMER, P. J.

John Joseph Rice was convicted by a jury of driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)). The jury also found Rice had suffered two prior convictions for driving under the influence (former Veh. Code, § 23102, subd. (a)). On appeal, Rice contends the trial court should have granted his Penal Code section 1118.1 motion for acquittal, erred in instructing the jury and should have struck prior convictions on the grounds of former jeopardy and collateral estoppel.

Facts

At about 6 p.m. on May 5, 1985, Officer Findlay was on duty in a marked patrol car…

2Cases cited8 opinions

  1. People v. TowlerCalifornia Supreme Court · 1982
  2. People v. BiggsCalifornia Supreme Court · 1937
  3. People v. BracamonteCalifornia Court of Appeal · 1981
  4. Baker v. StateIndiana Supreme Court · 1981
  5. People v. ValerioCalifornia Court of Appeal · 1970

3 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. People v. MongeCalifornia Supreme Court · 1997
  2. People v. WeathingtonCalifornia Court of Appeal · 1991
  3. People v. GuiterrezCalifornia Court of Appeal · 1991
  4. People v. RandolphAppellate Division of the Superior Court of California · 1989
  5. People v. HockersmithCalifornia Court of Appeal · 1990

5 more not listed; retrieve them via the Exa API.

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