California v. Yushchuk
Annotate this CaseA jury found defendant Andrey Yushchuk guilty of second degree "Watson" murder, misdemeanor drunk driving (DUI) and misdemeanor aggravated DUI (over 0.08 percent blood-alcohol content); it acquitted him of felony DUI-with-injury charges. The trial court sentenced defendant to prison for an unstayed term of 15 years to life. On appeal, defendant argued: (1) the trial court erred in denying his motion to acquit at the close of the State's case-in-chief; and (2) the court misinstructed the jury regarding permissive inferences. Finding no reversible error, the Court of Appeal affirmed.
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