People v. Patel

Opinion

RAYE, P. J. In exchange for a grant of probation, defendant Javid Patel entered negotiated pleas of no contest to alternative felony counts of “generic” and “per se”1 negligent driving under the influence of alcohol (DUI) that resulted in bodily injury to another, and a misdemeanor count of driving [958]while his license was suspended for a previous DUI. He also admitted allegations of a prior DUI conviction, personal infliction of great bodily injury, multiple victims, and driving with a blood-alcohol level in excess of 0.15 percent. Defendant had one day of actual custody.2

Defendant’s ensuing appeal is subject to the principles of People v. Wende (1979) 25 Cal.3d 436 [158 Cal.Rptr. 839, 600 P.2d 1071] (Wende) and People v. Kelly (2006) 40 Cal.4th 106, 110 [51 Cal.Rptr.3d 98, 146 P.3d 547], In accordance with the latter, we will provide a summary of the offense and the proceedings in the trial court.

I

The parties stipulated to the prosecutor’s recitation of the factual basis for the plea. In March 2010 defendant was driving with a blood-alcohol level of 0.22 percent. He had three passengers in his car. Running a red light, he collided with another car. The other driver’s leg was broken in three places. One of defendant’s passengers suffered a fracture to his C-2 vertebra, and another suffered a fractured hip. At the time of the accident, defendant’s license was suspended for an October 2009 DUI incident.

The trial court granted the prosecutor’s motion to amend the original complaint to add allegations of personal infliction of great bodily injury in order to bring the felony offenses within the definitions of “serious” and “violent.” (See Pen. Code, §§ 667.5, subd. (c)(8), 1192.7, subd. (c)(8).) Defendant then entered a plea of not guilty.

At defendant’s next appearance, he waived his right to a preliminary hearing. The trial court solicited defendant’s waiver of his rights to a jury trial and confrontation, and of his privilege against self-incrimination. It determined that defense counsel had discussed with defendant the elements of the offenses and any possible defenses. After explaining the direct consequences (and advising defendant that because of the high degree of danger that drunken driving presented, he could be charged with murder if he killed someone in the future in the course of a DUI), the trial court accepted defendant’s plea, finding it to be informed and voluntary.