People v. Coronado CA2/8

Filed 6/5/23 P. v. Coronado CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 8.111 5(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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B322761

Plaintiff and Respondent, Los Angeles County Super. Ct. No. MA080616-01 v.

MERARY JOSEFINA CORONADO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Robert G. Chu, Judge. Affirmed.

Ava R. Stralla, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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We review this appeal pursuant to People v. Wende (1979) 25 Cal.3d 436. We affirm. On June 30, 2022, the People filed an amended information against appellant. Count 1 charged driving under the influence of an alcoholic beverage causing injury (Veh. Code, § 23153, subd. (a)). Count 2 charged driving with a .08 percent blood alcohol content causing injury (Veh. Code, § 23153, subd. (b)). As to both counts it was alleged appellant personally inflicted great bodily injury upon Shauri H. within the meaning of Penal Code section 12022.7, subdivision (a). It was further alleged as to both counts that the offenses involved great violence, great bodily harm, threat of great bodily harm, and other acts disclosing a high degree of cruelty, viciousness, and callousness, within the meaning of California Rules of Court, rule 4.421(a)(1); appellant engaged in violent conduct that indicated a serious danger to society (id., (b)(1)); and appellant suffered prior convictions as an adult that are of increasing seriousness (id., (b)(2)). On June 30, 2022, the trial court bifurcated the aggravating factors from the two counts. On July 8, 2022, the jury found appellant guilty on both counts and found both great bodily injury allegations true. That same day, appellant waived her right to a jury trial on the aggravating factors and admitted an aggravating factor pursuant to California Rules of Court, rule 4.421(b)(2). The People dismissed the remaining allegations. On July 25, 2022, the court sentenced appellant to a total term of five years in state prison. This sentence included a midterm sentence of two years on count 1 plus three years for the great bodily injury enhancement. The court imposed the same sentence on count 2 and stayed the sentence pursuant to Penal Code section 654. Appellant filed a timely notice of appeal.