People v. Hughes CA3

Filed 11/29/23 P. v. Hughes CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE, C097607

Plaintiff and Respondent, (Super. Ct. Nos. 21CF03691, 22CF00943) v.

JADEN ALEXANDER HUGHES,

Defendant and Appellant.

Appointed counsel for defendant Jaden Alexander Hughes asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment. BACKGROUND On July 15, 2021, Chico police officers responded to the scene of a three-car collision where one individual was lying in the roadway, having been ejected from the vehicle in which he was riding. Upon encountering defendant sitting on a curb, an officer detected the odor of alcohol and observed signs of intoxication. Defendant admitted the

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vehicle he was driving struck another vehicle and he admitted to consuming alcohol. Blood samples taken later indicated his blood alcohol content was 0.21 percent. In case No. 21CF03691 (case No. 691), the prosecution charged defendant with driving under the influence of alcohol causing injury within 10 years of another driving under the influence offense (Veh. Code, § 23153, subd. (a); count 1),1 driving with a 0.08 percent blood alcohol content causing injury within 10 years of another driving under the influence offense (§ 23153, subd. (b); count 2), and driving when privilege suspended or revoked for a driving under the influence conviction (§ 14601.2, subd. (a); count 3). The information alleged, in connection with counts 1 and 2, that defendant had a blood alcohol concentration of 0.15 percent and more, specifically above 0.20 percent (§ 23578), that he personally inflicted great bodily injury on a victim (Pen. Code, § 12022.7, subd. (a)), and that he proximately caused bodily injury and/or death to more than one victim (§ 23558). In November 2021, defendant waived his constitutional rights, pleaded no contest to count 2, admitted to the prior driving under the influence conviction, admitted the great bodily injury allegation, and admitted his blood alcohol content was 0.21 percent. The trial court found defendant’s waiver of his rights was knowing, voluntary, and intelligent, and that his plea was freely and voluntarily made. In December 2021, the trial court suspended sentence and placed defendant on formal probation for a term of three years. The court dismissed the remaining counts with a Harvey waiver (People v. Harvey (1979) 25 Cal.3d 754) and struck the remaining enhancement allegations. The court imposed various fines, fees, and assessments, and ordered defendant to pay victim restitution to three victims.