People v. Mendez CA3

Filed 8/10/21 P. v. Mendez CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C091139

Plaintiff and Respondent, (Super. Ct. No. 18FE001607)

v.

AMILCAR ESCOBAR MENDEZ,

Defendant and Appellant.

Appointed counsel for defendant Amilcar Escobar Mendez filed an opening brief setting forth the facts of the case and asking this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) After reviewing the entire record, we affirm the judgment. We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 123-124.) FACTUAL AND PROCEDURAL BACKGROUND Defendant drove through a red light and hit the victim, who was crossing the road in a crosswalk at a green light, and defendant then fled in his car. Less than one mile

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away and approximately five minutes after the impact, a police officer found defendant’s car stopped on the side of the road. Another officer responded and conducted a driving under the influence investigation of defendant. Defendant’s preliminary alcohol screening tests measured his blood-alcohol concentration (BAC) at 0.195 and 0.188 percent. A blood sample subsequently taken from defendant determined that defendant’s BAC at that time was 0.21 percent. Based on the result of the blood draw, criminalist Allyson Avina estimated that at the time of the accident defendant’s BAC would have been 0.24 or 0.25 percent. The victim suffered multiple serious injuries. Defendant was charged with three felonies arising out of the collision: felony driving under the influence causing injury by failing to stop at a red light (Veh. Code, § 23153, subd. (a); § 21453, subd. (a) [count one]; felony driving with a BAC of 0.08 percent or higher causing injury (Veh. Code, § 23153, subd. (b) [count two]; and felony hit and run (Veh. Code, § 20001, subd. (a) [count three]). As to counts one and two, it was alleged that in the commission of those offenses defendant personally inflicted great bodily injury on the victim within the meaning of Penal Code section 12022.7, subdivision (a),1 causing each offense to be a serious felony within the meaning of section 1192.7, subdivision (c)(8). The information further alleged as to count two that defendant had a BAC of 0.15 percent or higher at the time of the offense. Additionally, as to counts one and two, the information alleged pursuant to Vehicle Code section 23566, subdivision (a), that the charged offenses occurred within 10 years of two separate alcohol related Vehicle Code violations resulting in convictions within the meaning of Vehicle Code sections 23546, 23548 and 23550. Following a trial, a jury convicted defendant on all three counts. Additionally, the jury found true the great bodily injury alleged as to counts one and two (§ 12022.7, subd. (a)), and found true the allegation in count two that defendant drove with a BAC of 0.15