People v. Huerta CA3

facts as true]; People v. Ruiloba (2005) 131 Cal.App.4th 674, 684.) The probation report, appellant’s opening brief, and respondent’s brief say the blood-alcohol level was 0.169 percent but the stipulated factual basis says the blood- alcohol level was 0.19 percent. The first result from a device in the field was 0.169 percent but a later blood sample through a blood draw was 0.19 percent.

2 Huerta pled guilty to driving under the influence causing injury (Veh. Code, § 23153, subd. (a); count one),4 driving with a 0.08 percent or higher blood-alcohol content causing injury (§ 23153, subd. (b); count two), hit and run involving serious injury (§ 20001, subd. (b)(2); count three), misdemeanor driving when his driving privileges were suspended or revoked for a conviction of driving under the influence (§ 14601.2, subd. (a); count four), and misdemeanor operating a vehicle without a required interlock device (§ 23247, subd. (e); count five). As to counts one and two, Huerta admitted he was previously convicted of driving under the influence causing injury in 2011 and he personally inflicted great bodily injury upon K.C. in the commission of the offenses (Pen. Code, § 12022.7,…