People v. Perez CA2/7

Filed 3/29/16 P. v. Perez CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B262828

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA079744) v.

FELIPE PEREZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Monica Bachner, Judge. Affirmed. Felipe Perez, in pro. per.; and Miriam K. Billington, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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INTRODUCTION Felipe Perez was involved in a traffic collision that resulted in injuries to three pedestrians. A jury convicted Perez of driving under the influence of alcohol resulting in injury to a person other than the driver (Veh. Code, § 23153, subd. (a)) and of driving with a blood-alcohol level of .08 percent or greater resulting in injury to a person other than the driver (id., subd. (b)). As to both counts, the jury found Perez had caused bodily injury to more than one person (id., § 23558) and had personally inflicted great bodily injury to two of the three victims (Pen. Code, § 12022.7, subd. (a)). The trial court imposed an aggregate state prison term of 10 years. Appellate counsel for Perez filed an opening brief pursuant to People v. Wende (1979) 25 Cal.3d 436, which raised no issues, and asked this court to independently review the record. At our invitation, Perez filed a supplemental brief, which challenges the sufficiency of the evidence. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Henry Principe drove to the Walmart store in Panorama City with his nine-year- old daughter, Daniela, and seven-year-old son, Matthew. After parking his car in the Walmart parking lot, Principe and his two children got out and walked to the rear of the car. Principe heard tires screeching and saw an SUV backing up toward them at a high rate of speed. The SUV struck Principe, who then found himself underneath the vehicle. Principe saw Matthew underneath the SUV as well and pulled him out. Daniela also was hit and thrust to the side. As a result of the collision, Principe and Matthew were hospitalized for several days. Principe underwent surgery for a broken hip; and Matthew had surgery on his jaw, which was then wired shut for several days. Daniela was also injured, but her physical injuries were relatively minor (i.e., bruising on her cheek, elbow, and stomach). Trancito Rodriguez, who was driving in the Walmart parking lot, and Zachary Polamero, a truck driver for Walmart, both witnessed the collision. Their testimony,