PC 647(f)

PC 647(f)

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

647(f) should not be held divisible between alcohol, drug, and CS.1See discussion of divisible statutes at n. 4, above. See CALCRIM 2966, which does not require a jury to decide unanimously between alcohol, drugs, or controlled substances. But to provide extra protection for D, plead specifically to alcohol or if needed to “drug” rather than CS.

2020-05-19T19:15:25+00:00Updated January 29th, 2020|