P. v. Lara
A jury found defendant and appellant Jose Luis Lara (hereafter defendant) guilty of driving under the influence of alcohol and causing injury in violation of Vehicle Code section 23153, subdivision (a) (count 1) and leaving the scene of an injury causing accident in violation of section 20001, subdivision (a) (count 3). After defendant waived his right to a jury, the trial court found that defendant had previously been convicted of burglary, a serious or violent felony within the meaning of Penal Code sections 667, subdivision (b) and 1170.12, subdivisions (a) through (d). After denying defendants motion to strike the prior conviction, the trial court sentenced defendant to serve a total of five years four months in state prison.
In this appeal defendant contends that the trial court should have instructed the jury on purported lesser included offenses to the charged crimes, that the trial court prevented defendant from presenting a defense, that the evidence was insufficient to support the jurys guilty verdict on count 3, that trial counsel was ineffective, and that the trial court should have set aside defendants prior serious felony conviction. Court conclude, for reasons we explain below, that defendants claims are meritless. Therefore, Court affirm the judgment.
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