People v. Cifuentes CA1/3

Filed 5/25/22 P. v. Cifuentes CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A163104 v. JOEL CIFUENTES, (Contra Costa County Case No. 52000602) Defendant and Appellant.

On November 15, 2019, Cifuentes ran a red light at an intersection and struck a sedan carrying three passengers: Anthony J., Daniela Z., and their three-month old son. Anthony and Daniela were injured and taken to the hospital, and their car suffered major damage. Cifuentes left the scene. He was found in a nearby creek with red eyes and smelling of alcohol. At the police station, Cifuentes took two breathalyzer tests. The tests indicated he had a 0.16 blood alcohol content and had been driving while impaired. In addition, he was driving without a valid license, as his had been suspended in May 2017 for driving with an excessive blood alcohol content. Days after the collision, Anthony reported to the investigating detective that he broke his foot in the accident and suffered from severe muscle plain in his lower back. He needed crutches to walk. Daniela reported that she had been hospitalized and her injuries required a six-hour surgery to reset her hip and screws to secure her femur. Her left leg, right arm, and right

1

hand were bruised, and she had a laceration on her left leg. She was in severe pain and on pain medication. On January 15, 2020, the Contra Costa County District Attorney filed an information charging Cifuentes with driving under the influence causing injury (Veh. Code, § 23153, subd. (a), count 1); driving with a blood alcohol level of 0.08% or more causing injury (Id., § 23153, subd. (b), count 2); leaving the scene of an accident (Id., § 20001, subd. (a), count 3); and driving when privilege suspended or revoked for failing blood alcohol test (Id., § 14601.5, subd. (a), count 4). As to counts 1 and 2, the information alleged as special enhancements that appellant personally inflicted great bodily injury on two victims (Pen. Code, § 12022.7, subd. (a)). On June 15, 2020, Cifuentes, having waived his rights, pled to count 1 and admitted the special enhancements. The trial court sentenced him to five years of formal probation with the condition that he serve 364 days in jail. On April 7, 2021, Cifuentes submitted on victim restitution in the amount of $5,312 for Anthony. On June 23, 2021, the court held a hearing to address victim restitution for Daniela’s mother, Sandra V., who left her job to care for her grandson following the car accident. Daniela testified that, prior to the accident, she was her son’s primary caregiver. But she was severely injured by the accident. On November 20, 2019—five days after the accident—she had surgery. Following surgery, she was transferred to a nursing home where she remained until March 12, 2020. For the approximately four-month period of hospitalization and recovery in the nursing home, Sandra cared for the child, an infant.