People v. Gallegos CA5

INTRODUCTION

A jury convicted defendant Mark Gallegos of driving under the influence of alcohol and causing bodily injury to Emmy E. (Veh. Code, § 23153, subd. (a); count 1) and driving while having a blood-alcohol content of over 0.08 percent and causing bodily injury to Emmy E. (id., subd. (b); count 2). The jury also convicted defendant of leaving the scene of the accident where he seriously injured Emmy E. (id., § 20001, subd. (b)(2); count 3) and driving without a valid license (id., § 12500, subd. (a); count 4). The jury found true allegations as to counts 1 and 2 that defendant personally inflicted great bodily injury upon Emmy E. and Ariany R., causing them to become comatose or suffer paralysis (Pen. Code, § 12022.7, subd. (b)); he caused great bodily injury to Emmy E. and Ariany R. (id., § 12022.7, subd. (a)); and he caused bodily injury to more than one victim (including Sandra R. and Isaac E.) (Veh. Code, § 23558).1 In this appeal, defendant challenges the Penal Code section 12022.7, subdivision (b) great bodily injury enhancements, asserting the court erred in imposing terms for two of these enhancements as to count 1, and contending insufficient evidence supports…