People v. Jimenez CA4/3

Filed 3/29/22 P. v. Jimenez CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G059589

v. (Super. Ct. No. 19CF2971)

RICARDO JIMENEZ, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Scott A. Steiner, Judge. Affirmed as modified. David P. Lampkin, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, A. Natasha Cortina and Melissa Mandel, Deputy Attorneys General, for Plaintiff and Respondent.

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Based on a vehicle-pedestrian collision incident, a jury convicted defendant Ricardo Jimenez of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1); count 1) and leaving the scene of an accident that resulted in an injury to another person (Veh. Code, § 20001, subd. (a); count 2); the jury found true that Jimenez inflicted great bodily injury (Pen. Code, § 12077, subd. (a)). The trial court sentenced Jimenez to an aggregate prison term of 43 years to life based on sentencing enhancement allegations found true for prior serious or violent felony convictions as well as aggravating circumstances. Jimenez contends the trial evidence was insufficient for the jury to find he had driven his vehicle with the requisite knowledge about his victim’s presence. We conclude substantial evidence supports the jury’s finding, but because the prison term in the abstract of judgment conflicts with the trial court’s oral pronouncement of judgment, we modify the judgment and affirm.