People v. Sides CA3

Filed 5/21/24 P. v. Sides CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Tehama) ----

THE PEOPLE,

Plaintiff and Respondent, C099171

v. (Super. Ct. No. 22CR000403)

DYLAN THOMAS SIDES,

Defendant and Appellant.

Defendant Dylan Thomas Sides pleaded guilty to driving under the influence of alcohol and causing injury, and he admitted a multiple victim enhancement allegation and four great bodily injury enhancement allegations. The parties agreed to a six-year sentence lid and dismissal of three great bodily injury enhancement allegations. The trial court sentenced defendant to five years four months in prison, including a consecutive year for the multiple victim enhancement and a consecutive three years for the remaining great bodily injury enhancement. Defendant now contends (1) the trial court abused its discretion in declining to dismiss the remaining enhancement allegations, and (2) if this court concludes the contention is forfeited for failure to assert it in the trial court, defendant’s trial counsel provided ineffective assistance. We conclude the abuse of discretion contention

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is forfeited and defendant has not established ineffective assistance of counsel. Accordingly, we will affirm the judgment. BACKGROUND While driving at a high speed in December 2021, defendant turned suddenly and collided with another car, injuring four occupants of the other car. At the time of the accident, defendant was 19 years old and intoxicated. Defendant pleaded guilty to driving under the influence of alcohol and causing injury. (Veh. Code, § 23153, subd. (a) -- count I) Although defendant admitted four great bodily injury enhancement allegations (Pen. Code, § 12022.7, subds. (a), (c))1 and one multiple victim enhancement allegation (Veh. Code, § 23558), the parties agreed to a six-year sentence lid and dismissal of one of the section 12022.7, subdivision (a) great bodily injury enhancement allegations and both of the section 12022.7, subdivision (c) great bodily injury enhancement allegations. A July 2023 probation report indicated that defendant’s father killed defendant’s mother and then himself when defendant was 12 years old. Defendant lived in several households until he turned 17 years old and started living independently. He had been diagnosed with post-traumatic stress disorder. The report stated there were no aggravating circumstances (Cal. Rules of Court, rule 4.421)2 and two mitigating circumstances, that defendant had no prior criminal record and he was younger than 26 years old at the time of the crime (rule 4.423(b)(1) & (b)(6)). Defendant’s trial counsel submitted a statement of mitigating circumstances, emphasized there were no aggravating circumstances, and asked the trial court to order probation or a suspended sentence and to stay sentence on the multiple victim