Offense
Disorderly: Under the influence of drug, CS, alcohol,
Aggravated Felony (AF)
Not AF.
Crime Involving Moral Turpitude (CIMT)
Not CIMT.
Other Removal Grounds
This should not be a CS offense, but best plea is to alcohol or “drug.” See Advice.
Advice and Comments
PC 647(f) should not be held divisible between alcohol, drug, and CS.[mfn]See discussion of divisible statutes at ILRC, How to Use the Categorical Approach Now (2021). See CALCRIM 2966, which does not require a jury to decide unanimously between alcohol, drugs, or controlled substances.[/mfn] But to provide extra protection for D, plead specifically to alcohol or if needed to “drug” rather than CS.