People v. Garcia CA2/6

Filed 10/21/13 P. v. Garcia CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B247535 (Super. Ct. No. 2012028112) Plaintiff and Respondent, (Ventura County)

v.

JESSE JOSEPH GARCIA,

Defendant and Appellant.

After driving his car into a group of people and seriously injuring one, Jesse Joseph Garcia pled guilty to two counts of assault with a deadly weapon. (Pen. Code, § 245, subd. (a)(1).) He admitted that he inflicted great bodily injury during the commission of one count. (§ 12022.7, subd. (a).) He contends the court abused its discretion when it denied his request for probation because he was young, he did not have a significant record of prior criminal offenses, and other people provoked him. We affirm. FACTUAL AND PROCEDURAL BACKGROUND While driving his car, Garcia had a disagreement with a passenger in another car, Kevin Breehl-Paton. They got out of the cars and exchanged insults. Garcia had a taser gun. Breehl-Paton had an air gun. They argued for about 15 minutes and Garcia got back in his car. At the preliminary hearing, Breehl-Paton's companions, Teri Nace and Miichaela Nace, described what they saw.

When Garcia started to drive away, Breehl-Paton either hit Garcia's car or made a gesture toward it. Garcia stopped the car. Breehl-Paton leaned into the open passenger window of Garcia's car and tried to hit him. Garcia tried to "taser" Breehl- Paton. Breehl-Paton swore and walked away, rejoining Teri and Miichaela Nace. Garcia turned his car and drove it quickly toward the group. Garcia later said he "floored it." He hit Teri Nace. Garcia saw her on the ground, but drove away. Garcia went to the police station with his mother and reported what had happened. Just before he was arrested, he wrote a letter of apology to Teri Nace, in which he said, "I'm really sorry, and I didn't mean to hit you. I was just trying to scare the guy." Three months earlier, when Garcia was a juvenile, he had been caught with cocaine in his car, for which the juvenile court sustained a petition for violation of Health and Safety Code section 11350, subdivision (a). He had no other criminal history. He expressed remorse. A felony complaint initially charged Garcia with three counts of attempted murder, with great bodily injury enhancements, and one count of leaving the scene of an accident. An amended information charged him with three counts of assault with a deadly weapon. He pled guilty to one count of assault with a deadly weapon upon Teri Nace with great bodily injury and one count of assault with a deadly weapon upon Breehl-Paton. The remaining count was dismissed. On the plea form, he acknowledged that the bodily injury admission would make him ineligible for probation unless the court found it was an unusual case in which the interests of justice would best be served by granting probation. At sentencing, friends and family members submitted letters in support of probation. They described Garcia as a good person and a safe driver. The court sentenced Garcia to five years in state prison consisting of the lower two-year term for the assault on Teri Nace, a consecutive three-year term for infliction of great bodily harm upon her, and the lower two-year term for the remaining count stayed pursuant to Penal Code section 654.