P. v. Davis CA6
Appellant Darren Lee Davis drove drunk and crashed his SUV into a car driven by an off-duty police officer, breaking a bone in the officer’s forearm. A jury convicted Davis of two counts of driving under the influence of alcohol (DUI) and driving with a suspended license. The jury also found that Davis personally inflicted great bodily injury (GBI). The trial court sentenced him to an aggregate prison term of 12 years.
On appeal, Davis contends the trial court erred by allowing the officer to testify about her department’s policy on paying injured officers and by instructing on the GBI enhancement allegation with CALCRIM No. 3160. Davis further asserts that the cumulative effect of the two alleged errors prejudiced him. The Attorney General maintains that Davis’s contentions lack merit. In addition, the parties dispute whether this matter should be remanded for resentencing on one of the two DUI counts because the trial court failed to correctly pronounce judgment.
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