People v. Garcia CA3

Filed 2/2/24 P. v. Garcia CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C098251

Plaintiff and Respondent, (Super. Ct. No. 21FE004756)

v.

JOE RAYMOND GARCIA,

Defendant and Appellant.

Defendant Joe Raymond Garcia pleaded no contest to felony driving with a blood- alcohol content of 0.08 percent or more and causing great bodily injury while speeding. He also admitted two sentencing enhancements: personally inflicting great bodily injury and personally inflicting great bodily injury resulting in paralysis. Consistent with the terms of his plea agreement, the trial court sentenced defendant to 10 years in state prison.

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Defendant’s sole claim on appeal is that the trial court erred by refusing to dismiss one of his two sentencing enhancements. The People contend defendant’s claim is barred on multiple grounds: (1) failure to obtain a certificate of probable cause, (2) waiver, and (3) forfeiture. We agree defendant failed to preserve his claim in the trial court and will affirm the judgment.

FACTS AND HISTORY OF THE PROCEEDINGS On November 8, 2020, after drinking alcohol at a bar, defendant drove his Chevy Silverado at approximately 68-72 miles per hour in a 35-mile-per-hour zone. Defendant crashed his Silverado into the back corner of a stopped Toyota Tacoma, forcing the Tacoma off the road into a fence and a guardrail. Jesus and Leticia A., who were inside the Tacoma, were both taken to the hospital. As a result of the crash, Leticia suffered a concussion and a lower back fracture; Jesus was paralyzed from the neck down. The People charged defendant with driving while under the influence of alcohol and causing bodily injury (Veh. Code, § 23153, subd. (a) – count one); driving while having a blood-alcohol content of 0.08 percent or more causing great bodily injury (Veh. Code, § 23153, subd. (b) – count two); and hit and run involving serious injury (Veh. Code, § 20001, subd. (b)(2) – count three). Related to counts one and two, the People alleged defendant drove at a speed greater than is reasonable or prudent (Veh. Code, § 22350) and refused a chemical test (Veh. Code, § 23578). Appended to all counts were sentencing enhancement allegations that defendant personally inflicted great bodily injury (Pen. Code, § 12022.7, subd. (a); statutory section citations that follow are found in the Penal Code unless otherwise stated) and personally inflicted great bodily injury resulting in paralysis (§ 12022.7, subd. (b)). As aggravating factors, the People also alleged that defendant’s “crime involved great violence, great bodily harm, threat of great bodily harm, or other acts disclosing a high degree of cruelty, viciousness, or callousness in violation of [California Rules of Court,] [r]ule 4.421(a)(1).”