Opinion
Page 1612d
155 Cal.App.4th 1612d __ Cal.Rptr.3d__ THE PEOPLE, Plaintiff and Respondent, v. TIMMIE LANCE McNEAL, Defendant and Appellant. E041226 California Court of Appeal, Fourth District, Second Division October 22, 2007Super.Ct.No. CRA4177.
THE COURT.
The petition for rehearing is denied. The opinion filed in this matter on September 21, 2007 (155 Cal.App.4th 582; ___ Cal.Rptr.3d___), is modified as follows:
1. On page 19 [155 Cal.App.4th 598, advance report, 1st par., line 4], add new footnote 9 at the end of the first paragraph as follows:
" 'This section shall not be construed as limiting the introduction of any other component evidence bearing upon the question of whether the person ingested any alcoholic beverage or was under the influence of an alcoholic beverage at the time of the alleged offense.'
2. On page 22 [155 Cal.App.4th 599, advance report, 4th full par., line 5], add footnote 10 at the end of the first full paragraph as follows:
"Because evidence is admissible to challenge the ultimate fact of intoxication under the generic DUI statute, and personal partition ratio evidence is relevant to that fact, we hold that a defendant may introduce otherwise admissible evidence of his personal partition ratio in defense of a generic DUI charge.
3. The last sentence of the first full paragraph on page 24 [155 Cal.App.4th 601, advance report, 2d full par., line 9] of the opinion is modified to add the
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words "for this purpose," and footnote 11 is added at the end of that paragraph, so that the sentence reads as follows: "General partition ratio evidence does not, we conclude, have any bearing upon whether the defendant in a particular case was under the influence. It is therefore irrelevant and inadmissible for this purpose.
Except for these modifications, the opinion remains unchanged. These modifications do not effect a change in the judgment.