People v. Marinovich CA5

Filed 5/24/22 P. v. Marinovich CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F082552 Plaintiff and Respondent, (Super. Ct. No. CRF64924) v.

AUGUSTUS MATTHEW MARINOVICH, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tuolumne County. Kevin M. Seibert, Judge. Randall Conner, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez and Cavan M. Cox II, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Peña, Acting P. J., Smith, J. and Snauffer, J.

Defendant Augustus Matthew Marinovich contends on appeal that his sentences on counts 3 and 4 should be stayed pursuant to Penal Code section 654.1 The People agree. We stay defendant’s sentences on counts 3 and 4, and affirm in all other respects. PROCEDURAL SUMMARY On November 2, 2020, the Tuolumne County District Attorney filed a complaint charging defendant with gross vehicular manslaughter (§ 191.5, subd. (a), count 1); driving under the influence of an alcoholic beverage causing injury (Veh. Code, § 23153, subd. (a), count 2); driving with 0.08 percent blood-alcohol content causing injury (Veh. Code, § 23153, subd. (b), count 3); and driving under the influence of alcohol and drugs causing injury (Veh. Code, § 23153, subd. (g), count 4). The complaint further alleged as to counts 2 through 4 that defendant personally inflicted great bodily injury (§ 12022.7, subd. (a)) on three people and personally inflicted great bodily injury on a fourth person, causing him to become comatose due to a brain injury and suffer paralysis (§ 12022.7, subd. (b)). On January 22, 2021, defendant pled guilty to all of the charges and admitted all of the special allegations. The plea was “open” and there was no agreement as to sentencing. On March 5, 2021, the trial court sentenced defendant to an aggregate prison term of 11 years four months, calculated as follows: six years on count 1 (the midterm); eight months on count 2 (one-third of the midterm of two years) to be served consecutively to the term in count 1, plus one year for the section 12022.7, subdivision (a) enhancement (one-third of the three-year enhancement) and 20 months for the section 12022.7, subdivision (b) enhancement (one-third of the five-year enhancement); two years on count 3 to be served concurrently to the term in count 1, plus one year for the section 12022.7, subdivision (a) enhancement (one-third of the three-year