Alvarez v. Superior Court
By timely petition for writ of prohibition, (Pen. Code, §§ 1510, 999a), Marcos Alvarez challenges the denial of his motion to set aside the information on file against him (Pen. Code, § 995). Alvarez is charged in count I with a violation of Vehicle Code section 23153, subdivision (a) driving under the influence of alcohol causing injury, and in count II with a violation of subdivision (b) of the same section, driving with an 0.08 percent blood-alcohol content causing injury. As to both counts, the information alleges that Alvarez’s conduct inflicted great bodily injury and injury to multiple victims. (Pen. Code, §§ 12022.7, subd. (a) & Veh. Code § 23558.)
Alvarez contends insufficient evidence was presented at the preliminary hearing to support the charges. For the reasons explained below, we will grant the petition as to count II (driving with an 0.08 percent blood-alcohol content).[2]
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