People v. Guzman

Opinion

LEVY,J. Appellant, Francisco Guzman, was convicted of driving under the influence of alcohol and causing bodily injury to another person. On [763]appeal, appellant challenges the finding that he personally inflicted great bodily injury in the commission of a felony. (Pen. Code, § 12022.7.)1 This finding was based on injuries his passenger received in a collision with another vehicle. According to appellant, he did not “personally” inflict this injury. Appellant further argues the injury occurred in the commission of a misdemeanor because it was the injury that elevated the offense to a felony.

However, as discussed below, appellant’s action was the direct cause of the injury. Thus, he personally inflicted it. Further, the other person’s injury constituted great bodily injury and thus was more serious than the mere bodily injury required for a felony conviction. Therefore, the section 12022.7 finding was proper.

Statement of the Case and Facts

While driving with a blood-alcohol level of .10 percent, appellant made an unsafe left turn in front of another vehicle. Due to appellant’s action, a collision occurred and appellant’s passenger, Amy Quinonez, was injured.

Ms. Quinonez suffered facial abrasions and severe lacerations of her forehead and leg. Three months later, Ms. Quinonez was still receiving medical care for her injuries. She was experiencing continuous back and neck pain and frequent migraine headaches.

Following a court trial, appellant was found guilty of two felony offenses: driving under the influence of alcohol and causing bodily injury to another person (Veh. Code, § 23153, subd. (a)); and driving with a .08 percent blood-alcohol level or more and causing bodily injury (Veh. Code, § 23153, subd. (b)). The court further found that appellant had personally inflicted great bodily injury on Ms. Quinonez within the meaning of section 12022.7. Nevertheless, at sentencing, appellant was granted probation on condition that he serve 270 days in the county jail.

Discussion

The great bodily injury enhancement was properly imposed.

Section 12022.7, subdivision (a), provides that “Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission or attempted commission of a felony shall, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished by an additional term of three years . . . .”