California Court of Appeal

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People v. Benner, G042127

Defendant's conviction for driving under the influence of methamphetamine is affirmed where 1) the jury could reasonably conclude that methamphetamine is a drug that could impair a person‟s ability to drive a vehicle in a reasonably prudent manner; and 2) the evidence readily suggested that defendant's driving ability was appreciably impaired. However, defendant's sentence is modified where 1) the trial court erred by conditioning defendant's probation on the payment of certain fees and costs; and 2) defendant's alcohol abuse education fee was not authorized under Penal Code section 1463.25.

Appellate Information

  • Decided 06/15/2010
  • Published 06/15/2010

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • A. Hoffer, Judge.   Affirmed as modified.   Rex Williams, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Peter Quon, Jr., and Angela M. Borzachillo, Deputy Attorneys General, for Plaintiff and Respondent.
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