P. v. Zepeda
The essential facts of this case are not in dispute. While driving under the influence of alcohol, defendant collided with a vehicle stopped at a red light. He then ran away from the scene of the accident. As a result of the accident, Sarah Bustamante was killed and her daughter, Alicia Bustamante, was severely injured. The driver of the vehicle in which they were traveling, Yvonne Mendoza, sustained minor injuries.
A jury convicted defendant of gross vehicular manslaughter while intoxicated (count 2; Pen. Code, 191.5, subd. (a)), driving under the influence causing injury (count 3; Veh. Code, 23153, subd. (a)), driving with a blood alcohol content of .08 percent or more causing injury (count 4; Veh. Code, 23153, subd. (b)), hit-and-run resulting in injury (count 5; Veh. Code, 20001, subd. (a)), and driving without a valid drivers license (count 6; Veh. Code, 12500, subd. (a)). The jury also returned true findings on enhancement allegations for proximately causing bodily injury to multiple victims (Veh. Code, 23558), personally inflicting great bodily injury (Pen. Code, 12022.7), having a prior conviction for driving under the influence (Veh. Code, 23540), and being the driver of a vehicle involved in an accident resulting in death or serious injury to two people (Veh. Code, 20001, subd. (b)(2)).
The trial court sentenced defendant to a total prison term of 13 years as follows: on count 2, the upper term of 10 years; on count 3, eight months (one-third the midterm) plus four months for the Vehicle Code section 23558 enhancement, plus one year for the Penal Code section 12022.7 enhancement; and on count 5, one year (one-third the midterm) pursuant to Vehicle Code section 20001, subdivision (b)(2). The court imposed a concurrent six-month term on count 6. On count 4, the court stayed defendants upper term sentence and the associated enhancements, including a Vehicle Code section 23558 enhancement, under Penal Code section 654. The court also stayed the Vehicle Code section 23558 enhancement on count 2 under Penal Code section 654.
On appeal, defendant contends the trial court made several sentencing errors. Court agree the trial court should have stayed the four-month Vehicle Code section 23558 enhancement on count 3 under Penal Code section 654, and modify defendants sentence accordingly. However, as explained below, Court reject defendants other claims of sentencing error.
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