People v. Ruiz CA2/3

BACKGROUND

I. Original plea and sentence

On September 10, 2021, the District Attorney filed a complaint charging Ruiz with one count of murder (§ 187, subd. (a); count 1) and two counts of driving under the influence of an alcoholic beverage causing injury (Veh. Code, § 23153, subd. (a); counts 2 & 3).2 The complaint alleged Ruiz personally inflicted great bodily injury (§ 12022.7, subd. (a)) as to counts 2 and 3. Additionally, the complaint alleged probation ineligibility based on four prior felony convictions (§ 1203, subd. (e)(4)). On December 8, 2023, Ruiz waived his right to a preliminary hearing and entered into a negotiated plea agreement with the District Attorney. Ruiz pleaded no contest to

All further undesignated statutory references are to the Penal Code. We do not provide the factual background because the facts underlying the offenses in this case are not relevant to the issue raised on appeal.

2 manslaughter (§ 192, subd. (a); added count 4) and two counts of driving under the influence of an alcoholic beverage causing injury to two different victims (Veh. Code, § 23153, subd. (a); count 2 & added count 5). Ruiz admitted to the personal infliction…