P. v. Cornelius
After a four-day jury trial, appellant was convicted on all three charged counts, i.e., evading a police officer (Veh. Code, 2800.4),[1] driving under the influence of alcohol ( 23152, subd. (a), hereafter 23152(a)), and driving while having a blood alcohol level of 0.08 percent or higher. ( 23152, subd. (b), hereafter 23152(b)). At a later hearing, the trial court also found true a prior prison term conviction (Pen. Code, 667.5, subd. (b)), and sentenced appellant to a total of three years in state prison. Appellant appeals only his conviction under the last-noted Vehicle Code section, section 23152(b), claiming there was insufficient evidence to support the jurys verdict. Court disagree, and hence affirm the judgment.
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