People v. Aguiar CA5

Filed 7/29/22 P. v. Aguiar 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F083692 Plaintiff and Respondent, (Super. Ct. No. 18CMS-5972) v.

MATTHEW CLAY AGUIAR, OPINION Defendant and Appellant.

THE COURT * APPEAL from a judgment of the Superior Court of Kings County. Michael J. Reinhart, Judge. Nicholas Seymour, 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, Catherine Chatman and Cameron M. Goodman, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Franson, J. and Peña, J.

Defendant Matthew Clay Aguiar was convicted of two counts of gross vehicular manslaughter with attendant Penal Code section 12022.7, subdivision (a)1 great bodily injury enhancements. He contends on appeal that because no great bodily injury enhancement may attach to the crime of vehicular manslaughter, both enhancements must be stricken, the abstract of judgment must be corrected, and his credits must be recalculated. We strike the section 12022.7, subdivision (a) great bodily injury enhancements and direct the trial court to prepare an amended abstract of judgment to eliminate the section 2933.1 limitation on presentence conduct credits. In all other respects, the judgment is affirmed. PROCEDURAL SUMMARY On August 27, 2021, the Kings County District Attorney filed an information alleging defendant committed gross vehicular manslaughter of Anastasio L. (§ 192, subd. (c)(1); count 1); gross vehicular manslaughter of Diego C. (§ 192, subd. (c)(1); count 2); misdemeanor possession of controlled substance paraphernalia (Health & Saf. Code, § 11364, subd. (a); count 3); misdemeanor driving with a suspended license for driving under the influence (Veh. Code, § 14601.2, subd. (a); count 4); a special allegation, as to counts 1 and 2, of personal infliction of great bodily injury of Angel G. (§ 12022.7, subd. (a)); and a special allegation, as to counts 1 and 2, of personal infliction of great bodily injury of Jeffrey S. (§ 12022.7, subd. (a)). The trial court granted defendant’s motion pursuant to section 954 to sever trial on counts 3 and 4. On October 6, 2021, the jury returned guilty verdicts on counts 1 and 2 and found true both great bodily injury special allegations as to both counts. Following these guilty verdicts, the People successfully moved to dismiss counts 3 and 4. On December 20, 2021, the trial court sentenced defendant to a total of 13 years four months in state prison, consisting of six years on count 1 (the upper term),