P. v. Valladares CA2/8
After Norman Valladares rear-ended another vehicle on Highway 14, he was convicted of felony driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)) and misdemeanor possession of an open container while driving (§ 23222, subd. (a).) Appellant admitted the allegation that he had refused a chemical test within the meaning of section 23612. The trial court sentenced appellant to three years in prison, but suspended 18 months of the sentence and ordered that portion to be served under mandatory supervision.
Appellant appeals, contending the trial court erred in denying his Batson-Wheeler motion without performing a comparative analysis of the dismissed female Hispanic juror with jurors who remained on the panel. He also contends the trial court erred in denying his motion for mistrial after improper statistical evidence was offered by a California Highway Patrol (CHP) officer on improperly permitted re-direct examination. Appellant further contends the trial court erred i
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