People v. Brychta CA2/6

Filed 9/9/22 P. v. Brychta CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B313752 (Super. Ct. No. 20F-04568) Plaintiff and Respondent, (San Luis Obispo County)

v.

CORY SCOTT BRYCHTA,

Defendant and Appellant.

A jury convicted Cory Scott Brychta of driving under the influence of a drug causing injury (Veh. Code, § 23153, subd. (f); count 1), leaving the scene of an accident causing injury (id., § 20001, subd. (a); count 2), possession of heroin (Health & Saf. Code, § 11350, subd. (a); count 3), possession of methamphetamine (id., § 11377, subd. (a); count 4), and possession of drug paraphernalia (id., § 11364, subd. (a); count 5). As to count 1, the jury found true the allegations that appellant

caused great bodily injury to the victims (Pen. Code,1 § 12022.7), and that he caused injury to more than one victim (Veh. Code, § 23558). In a bifurcated proceeding, the trial court found true the allegations that appellant had one prior serious felony conviction within the meaning of the “Three Strikes” law (§§ 667, subds. (d) & (e), 1170.12, subds. (b) & (c)) and section 667, subdivision (a). The trial court sentenced appellant to state prison for a total term of 17 years, calculated as follows: as to count 1, six years (the upper term of three years, doubled due to the prior strike), plus two three-year great bodily injury enhancements, and five years for the Penal Code section 667, subdivision (a) enhancement. The court imposed concurrent terms on the remaining counts. We affirm. FACTS On the afternoon of July 27, 2020, Brychta was driving on 24th street in Paso Robles. The street has one lane each way. At about 3:00 p.m., Brychta crossed a double yellow line and struck a Lexus sports utility vehicle (SUV) head-on. The SUV’s airbags deployed and it automatically called 911. Brychta’s car left no skid marks. Brianna Mayer was driving the SUV and Jeffrey Kim was a passenger. Kim was able to get out of the car. Mayer was held inside by the airbags. Brychta got out of his car, looked toward Kim, and asked if they were okay. Kim said they were, and Brychta walked away from the scene. Police Officer Brett Mobley arrived at the scene shortly thereafter. Mobley was in uniform and driving a marked police