People v. Ybarra

Opinion

AGLIANO, P. J.

In this appeal, defendant Manuel Garcia Ybarra seeks review of the trial court’s conclusion that defendant’s instant violation of Vehicle Code section 23153, subdivision (a) (driving under the influence of alcohol and causing injury) constitutes a “serious felony” within the meaning of Penal Code

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sections 667 and 1192.7. Because resolution of this issue is premature, we shall strike the trial court’s legal conclusion characterizing the present offense as a serious felony.

On May 10, 1987, at 1:39 p.m., defendant was traveling northbound on Race Street in San Jose at an approximate speed of 65-70 miles per hour. He ran a red light at an intersection and, after losing control of his vehicle, struck two parked cars. Three passengers in defendant’s car suffered serious bodily injuries.

A chemical test of defendant’s blood disclosed that he had operated the vehicle while under the influence of alcohol.

As a result of the described incident, defendant was charged with driving under the influence and causing injury in violation of Vehicle Code section 23153, subdivision (a). The complaint also alleged that defendant inflicted great bodily injury on Jamie Macias within the meaning of the serious felony provisions of sections 667 and 1192.7.

Defendant waived his right to a preliminary hearing and pled nolo contendere to the charges with one exception: the great bodily injury allegation was submitted for finding by the court at the time of sentencing upon the stipulation that there was “serious bodily injury” but that defendant did not intentionally inflict that injury. At sentencing, and only for future reference, the superior court determined characterization of the crime as a serious felony was proper. Imposition of sentence was suspended and defendant was placed on probation for a period of three years on condition, inter alia, that he serve four months in the county jail.

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[549]

Discussion