People v. Sickler CA1/2

Filed 4/17/15 P. v. Sickler CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A140300 v. MICHAEL DYLAN SICKLER, (Solano County Super. Ct. No. VCR218053) Defendant and Appellant.

Defendant Michael Dylan Sickler appeals from an order sentencing him to state prison after he admitted a violation of felony probation. He argues that the trial court’s refusal to reinstate him on probation was an abuse of discretion because his need for residential treatment outweighed the danger to the community posed by defendant’s repeated driving under the influence of alcohol. We find no abuse of discretion by the trial court and affirm the judgment. BACKGROUND The underlying facts are not in dispute, and we summarize them, as did the parties, from the probation reports. On May 21, 2011, defendant was the driver, and the cause of a serious collision in Lake County, when he crossed over a double yellow line and hit an oncoming car. A highway patrol officer interviewed defendant at the scene. Defendant blamed the other driver: “That fool crossed into my lane. I ran his car over.” Defendant smelled of alcohol, had red and watery eyes, and failed to perform a series of field sobriety tests.

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Defendant was placed under arrest and later found to have a blood alcohol level of 0.22 percent, nearly three times the legal limit. The driver of the other car, Guy Johnson, told the highway patrol officer that defendant’s car was approaching at a high rate of speed and crossed over into Johnson’s lane. Johnson did not have time to react. Both cars sustained major damage. Johnson suffered severe injuries, including a lacerated spleen requiring a blood transfusion, a badly sprained left ankle, lower leg pain, and a badly lacerated left leg. Johnson spent 15 days in the hospital, including two in the intensive care unit. Johnson suffered and sought counseling for post traumatic stress disorder as a result of the accident. His lost income and expenses were in excess of $50,000, not including future lost wages. On April 16, 2012, defendant pleaded guilty in Lake County Superior Court to a felony violation of Vehicle Code section 23153, subdivision (a), driving under the influence of alcohol and causing injury, and admitted the related enhancement for personally causing great bodily injury (Pen. Code, § 12022.7). On May 22, 2012, Judge Stephen O. Hedstrom suspended imposition of sentence and placed defendant on probation for five years. Defendant’s conditions of probation included that he serve 365 days in the county jail, obey all laws, abstain from use of alcohol, and consent upon request of any law enforcement officer to submit samples of his bodily fluids for the purpose of determining the presence of alcohol or drugs, with or without probable cause or a search warrant. On May 21, 2013, the case was transferred to Solano County in light of defendant’s residence in Vallejo. On July 16, 2013, while on probation for the Lake County felony, defendant was arrested in Vallejo for driving under the influence of alcohol, hit and run, and refusing to submit to alcohol testing. Defendant ran a stop sign and hit another car. He then kept on driving, but the front license plate of defendant’s SUV was left at the scene. Vallejo Police Department officers arrived at the scene and found the license plate. The police officers went to defendant’s home to investigate. He wasn’t there, but the officers saw him drive past the home. They made a traffic stop and took defendant into custody.