P. v. Vangelder 7/1/11 CA4/1

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: D059012

Case Date: 10/19/2011

Preview:Filed 7/1/11

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

THE PEOPLE, Plaintiff and Respondent, v. TERRY VANGELDER, Defendant and Appellant.

D059012

(Super. Ct. No. CA221258)

APPEAL from a judgment of the San Diego superior court appellate division, William S. Dato, Lorna Alksne, and George W. Clarke, Judges. Reversed with directions.

Charles M. Sevilla, for Defendant and Appellant. Jan I. Goldsmith, City Attorney, Tricia Pummill, Assistant City Attorney, and Jonathan I. Lapin, Deputy City Attorney, for Plaintiff and Respondent.

Defendant and appellant Terry Vangelder appeals a judgment after jury trial, finding him guilty of misdemeanor driving while impaired in violation of Vehicle Code

section1 23152, subdivision (b), ("per se" driving under the influence (DUI), driving with a blood-alcohol level of .08 or more), and a speeding infraction (

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