Legal Opinion
People v. Beltran
California Court of Appeal
Decided November 27, 2007No. A116944PublishedCited by 9 opinions
1Opinion of the Court
Opinion
RUVOLO, P. J.
L INTRODUCTION
Appellant Oscar Adrian Beltran (appellant) was convicted by a jury of driving under the influence of alcohol (count one) and driving with a blood-alcohol content (BAC) of 0.08 percent or more (count two) (Veh. Code, § 23152, subds. (a), (b), respectively). He appeals only from the conviction on count two, contending that the trial court erred by instructing the jury with CALJIC No. 12.61.1. This instruction allowed the jury to infer that appellant had a BAC of at least 0.08 percent while he was driving if a blood-alcohol test administered within three hours…
2Cases cited14 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Rose v. ClarkSupreme Court of the United States · 1986
- Francis v. FranklinSupreme Court of the United States · 1985
- County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
- Leary v. United StatesSupreme Court of the United States · 1969
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In the Interest of J.N.C.B. v. Juvenile OfficerMissouri Court of Appeals · 2013
- People v. Yushchuk, California Court of Appeal, 5th District2018
- Coffey v. ShiomotoCalifornia Court of Appeal · 2013
- People v. DeConter CA1/1California Court of Appeal · 2014
- People v. Gomez CA2/6California Court of Appeal · 2020
4 more not listed; retrieve them via the Exa API.