Disorderly: Under the influence of drug, CS, alcohol,
Aggravated Felony (AF)
Crime Involving Moral Turpitude (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.