People v. Regalado CA3

Filed 11/19/14 P. v. Regalado CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Placer) ----

THE PEOPLE, C075665

Plaintiff and Respondent, (Super. Ct. No. 62116002)

v.

DANNY REGALADO,

Defendant and Appellant.

Appointed counsel for defendant Danny Regalado has asked us court to review the record to determine whether there exist any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We shall affirm the judgment. BACKGROUND On May 4, 2012, at around 10:00 p.m., witness Jeff Summers was driving on Auburn-Folsom Road and saw an sport utility vehicle (SUV), going “a lot faster” than Summers’ car, pass him, hit the center divider, drive into the opposite lanes, and

1

disappear. When he stopped to investigate, he realized there was something moving and making noise in the ravine bordering the road. He called 911. California Highway Patrol Lieutenant David Qualls investigated the accident and found the SUV in the ravine. He saw a badly injured man, later identified as Zachary Emery, unconscious on the ground approximately 10 feet from the driver’s side of the vehicle. Qualls then saw defendant, also unconscious, “seated in the driver’s seat with his feet underneath the dashboard down by the pedals.” Qualls went back to his car and called for an ambulance. When Qualls returned to the SUV, defendant was conscious and trying to get out of the vehicle; Qualls did not notice if defendant was wearing a seat belt. Defendant was obviously injured and confused about where he was, and he smelled like alcohol. Firefighter Joseph Vincent was one of the first emergency responders to arrive on the scene. He remembered defendant was in the driver’s seat of the SUV. Defendant had “blood on his face, blood all over.” The SUV suffered “very significant roll-over damage to the whole vehicle.” California Highway Patrol Officer Michael Terry concluded the vehicle went too fast around a curve, causing the driver to lose control, cross over the median, and roll over and down the embankment. The SUV was registered to Anna Regalado. Anna shared the same address as Emery; defendant had a different address. Terry spoke with defendant at the hospital. During their conversation, defendant’s statements were “widely ranging.” Defendant said he did not know why he was in the hospital or how he got there. Defendant also said “nobody was driving” the SUV, and then said he would not drive it because he never drives. Defendant also told Terry he was in the passenger seat with his seat belt on; Terry saw no seat belt abrasions on defendant. Defendant admitted to Terry that he was drunk. He also said he only drank two to three beers at a bar with Emery, and that he did not remember anything after the bar.