P. v. Guzman
A jury convicted defendant of felony hit and run boating (Harb. & Nav. Code 656.2 [count 1]); misdemeanor hit and run boating, a lesser offense of count 1 (Harb. & Nav. Code 656.1 [count 2]); felony boating under the influence of alcohol and causing injury (Harb. & Nav. Code 655, subd. (f) [count 3]); boating under the influence of alcohol (Harb. & Nav. Code 655, subd. (b) [count 4]); and boating with a blood alcohol of .08 per cent or higher. (Harb. & Nav. Code 655, subd. (c) [count 5].) The jury also found that defendant caused great bodily injury. (Pen. Code 12022.7.) Count 2, the misdemeanor hit and run conviction, was subsequently dismissed. Defendant was sentenced to five years in state prison.
On appeal, defendant contends that (1) his motion to dismiss pursuant to Penal Code section 995 was erroneously denied; (2) the evidence was insufficient to support the conviction for boating under the influence of alcohol and causing injury; and (3) he was denied his due process right to present a defense when the trial court refused to allow certain evidence. Court affirm.
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