People v. Murray CA3

Filed 12/6/24 P. v. Murray CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Shasta) ----

THE PEOPLE, C101023

Plaintiff and Respondent, (Super. Ct. No. 22F2699)

v.

GERALD WILLIAM MURRAY,

Defendant and Appellant.

Appointed counsel for defendant Gerald William Murray asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) We will affirm.

FACTS AND HISTORY OF THE PROCEEDINGS The information charged defendant with attempted murder, assault with a deadly weapon, driving under the influence causing injury, driving under the influence, and hit and run causing injury. (Pen. Code, §§ 664/187, subd. (a), 245, subd. (a)(1); Veh. Code, §§ 23153, subds. (a) & (b), 20001, subd. (a)(1).) (Statutory section citations that follow

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are found in the Penal Code unless otherwise stated.) It also alleged several circumstances in aggravation and various enhancements including, as relevant here, that defendant inflicted great bodily injury on his victim. (§ 12022.7, subd. (a).) While the victim was riding his motorcycle, he came up behind defendant driving his car slowly and erratically, cutting corners, and using the entire road. The victim passed the defendant when it was safe to do so and without interacting with defendant. Shortly thereafter the victim felt the impact of defendant’s car on the back of his motorcycle twice. These impacts caused the victim to lose control and crash into a tree. Defendant drove away. The victim was able to crawl to his mobile phone and call 911. The victim sustained a lacerated liver, internal bleeding, and a possible broken arm. Officers located defendant at his home where defendant smelled of alcohol. Defendant claimed when the motorcycle passed him, he clipped it. He did not stop to check on the victim. He claimed he was not at fault and thus had no responsibility to remain on scene or render aid. Defendant told officers he had consumed four beers and some whiskey. Defendant executed a change of plea form stating he would plead guilty to attempted murder and hit and run with injuries and admit he caused great bodily injury. (§§ 664/187, subd. (a), 12022.7, subd. (a); Veh. Code, § 20001, subd. (a)(1).) In exchange, defendant would be granted probation for three years on the condition he spend 240 days in county jail. The remainder of the counts would be dismissed. Defendant pleaded guilty and made the requisite admission. The trial court dismissed the remaining counts. At sentencing, however, after reciting the terms of the plea agreement, the trial court declined to approve the plea agreement and allowed defendant to withdraw his plea. After defendant’s request to withdraw his plea, the court reinstated the dismissed charges. Defendant executed a second change of plea form where he agreed to plead no contest to assault with a deadly weapon and driving under the influence causing injury