The People v. Bullock CA4/2
Opinion
Opinion
INTRODUCTION
After defendant Eric Vincent Bullock was involved in an accident with a truck on
State Route 60, a jury convicted him of two Vehicle Code offenses: driving under the
influence of alcohol causing injury and driving with a blood alcohol content of .08
percent or greater causing injury. (Veh. Code, § 23153, subds. (a) and (b).) The jury also
found defendant personally inflicted great bodily injury within the meaning of Penal
Code sections 12022.7, subdivision (a), and 1192.7, subdivision (c)(8).1 The court
sentenced defendant to six years in prison.
At the scene, defendant blamed the accident on his car being rearended by another
vehicle, forcing his car into the truck. At trial, defendant claimed his car had stalled,
causing him to lose control. On appeal, defendant makes four arguments: there was
insufficient evidence for his convictions because of the possibility of a mechanical
failure; the trial court erred by not instructing the jury regarding the defense of sudden
peril; there was prosecutorial error; and the trial court erred in imposing the upper term of
three years. We reject defendant‘s appeal and affirm the judgment.