People v. Beltran

Opinion

GODOY PEREZ, J. Liderato C. Beltran appeals from the judgment entered after a jury convicted him of felony evasion of a pursuing peace officer (Veh. Code, § 2800.3) and vehicular manslaughter. (Pen. Code, § 192, subd. (c)(1).) For the reasons set forth below, we reverse the judgment to the extent it imposed great bodily injury enhancements (Pen. Code, § 12022.7) and limited Beltran’s presentence custody credits under Penal Code section 2933.1 and remand for resentencing. In all other respects, the judgment is affirmed.

Facts and Procedural History1

Around 8:30 a.m. on September 29, 1997, two Los Angeles police officers tried to conduct a traffic stop on a car which they noticed had no rear license [695]plate. The car, driven by defendant and appellant Liderato C. Beltran, did not stop. Instead, after tossing a plastic bag filled with a white powder from the window, Beltran drove through numerous stop signs. He eventually collided with a car driven by 75-year-old Dong Park. Dong Park’s wife, Jong Hee Park, age 76, was in the front passenger seat. Jong Hee Park was bleeding profusely from several facial cuts. Dong Park was unconscious. He died a month later from injuries sustained in the collision.

Beltran was charged with three counts: (1) evasion of a pursuing peace officer which caused serious injuries to others (Veh. Code, § 2800.3); (2) possession for sale of cocaine base (Health & Saf. Code, § 11351.5); and (3) vehicular manslaughter. (Pen. Code, § 192, subd. (c)(1).) As to counts 1 and 2, the information alleged that Beltran had two qualifying prior convictions under the “Three Strikes” law. (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) As to count 1, it was also alleged that Beltran inflicted great bodily injury on persons aged 70 or more for purposes of the five-year enhancement provided by Penal Code section 12022.7, subdivision (c), and that his offense was a serious and violent felony under Penal Code sections 667.5, subdivision (c)(8) and 1192.7, subdivision (c)(8).

In February 1999 the jury convicted Beltran of counts 1 and 3, finding true the great bodily injury enhancement allegations and the prior convictions. The jury deadlocked on count 2, a mistrial was declared and the cocaine possession charge was dismissed on the prosecution’s motion. Beltran was given a sentence of 35 years to life, as follows: a 25-year-to-life term under the Three Strikes law, plus 10 years for the two Penal Code section 12022.7 enhancements. A concurrent term of 25 years to life was imposed for count 3. Restitution and parole revocation fines of $200 were also imposed. (Pen. Code, §§ 1202.4, 1202.45.)