People v. Ramage CA5

INTRODUCTION

Defendant and appellant Joshua LaRue Ramage was convicted of driving under the influence and committing an illegal act or failing to perform a legal duty that caused physical harm (Veh. Code, § 23153, subd. (a)),1 driving with a blood alcohol content of 0.08 percent or more and committing an illegal act or failing to perform a legal duty that caused injury (§ 23153, subd. (b)), and hit and run causing death or serious bodily injury (§ 20001, subd. (b)(2)). The jury found true the allegations that Ramage personally inflicted great bodily injury upon A.B. in violation of Penal Code section 12022.7, subd. (a), personally inflicted great bodily injury, coma or paralysis to A.B. within the meaning of Penal Code section 12022.7, subd. (b), and proximately caused bodily injury to more than one victim within the meaning of Penal Code section 23558. On appeal, Ramage claims there was insufficient evidence that he committed an illegal act or neglected a legal duty which caused the injury to sustain the convictions for driving under the influence and driving with a blood alcohol content of 0.08 percent or higher causing injury. We conclude substantial evidence supports Ramage’s…