P. v. Jachens CA3

Filed 6/3/13 P. v. Jachens CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C072490

Plaintiff and Respondent, (Super. Ct. No. 12F02636)

v.

JUSTIN JACHENS,

Defendant and Appellant.

Defendant Justin Jachens was sentenced to six years in state prison following his conviction for felony driving under the influence (DUI) and causing great bodily injury to his passenger. Defendant’s ensuing appeal is subject to the principles of People v. Wende (1979) 25 Cal.3d 436 (Wende) and People v. Kelly (2006) 40 Cal.4th 106, 110. In accordance with the latter, we will provide a summary of the offenses and the proceedings in the trial court.

1

In November 2011, defendant drove a car at 100 miles per hour and struck a brick wall, causing a skull fracture and shoulder injuries to passenger Matthew Moreshed.1 Defendant tested positive for alcohol (0.19 percent blood-alcohol level), cocaine metabolite, and marijuana. He had a May 2011 prior conviction for DUI. (Veh. Code, § 23152, subd. (a).)

Defendant pleaded no contest to driving with a blood-alcohol level of 0.08 percent or more (Veh. Code, § 23153, subd. (b)—count two) and admitted allegations that he inflicted great bodily injury upon Moreshed (Pen. Code, § 12022.7, subd. (a)) and that the offense occurred within 10 years of the prior DUI conviction (Veh. Code, § 23540, subd. (a)). Defendant also pleaded no contest to driving while his license was suspended or revoked for DUI. (Veh. Code, § 14601.2, subd. (a)—count four.) In exchange, two related counts were dismissed with a Harvey waiver.2

Defendant was sentenced to state prison for six years. Execution of sentence was suspended and defendant was placed on probation on the conditions, among others, that he abstain from alcohol and serve one year of incarceration. He was awarded one day of custody credit, ordered to make restitution to his victims, and ordered to pay a $1,015 fine on count two, a $300 fine on count four, a $200 restitution fine (Pen. Code, § 1202.4), a $200 restitution fine suspended unless probation is revoked (Pen. Code, § 1202.44), a $4 emergency air transportation fee (Gov. Code, § 76000.10), a $50 alcohol abuse education penalty assessment (Veh. Code, § 23645), an $80 court operations fee (Pen. Code, § 1465.8, subd. (a)(1)), a $60 court facilities assessment (Gov. Code, § 70373), a $331.98 main jail booking fee, and a $20.75 classification fee (Gov. Code, § 29550.2).