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PEOPLE v. McNEAL

No. E041226.

66 Cal.Rptr.3d 212 (2007)

155 Cal.App.4th 582

The PEOPLE, Plaintiff and Respondent, v. Timmie Lance McNEAL, Defendant and Appellant.

Court of Appeal of California, Fourth District, Division Two.

September 21, 2007.

Attorney(s) appearing for the Case

Linn Davis, for Defendant and Appellant.

Michael A. Ramos, District Attorney, Mark A. Vos, Lead Deputy District Attorney, and Astrid G. Alfonso, Deputy District Attorney, for Plaintiff and Respondent.

OPINION

KING, J.

I. FACTUAL AND PROCEDURAL HISTORY

Defendant Timmie McNeal was charged with driving under the influence of alcohol (Veh.Code, § 23152, subd. (a) (section 23152(a)))1 and driving with a blood alcohol level of 0.08 percent or greater (§ 23152, subd. (b) (section 23152(b))).2 The jury convicted defendant of driving under...

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