People v. Colvin CA4/2

INTRODUCTION

Defendant Quadair Tyshawn Colvin appeals following a guilty plea to one felony

count of driving under the influence of alcohol with a blood-alcohol level of 0.15 or

more, causing great bodily injury, and two related misdemeanor counts and various

allegations. His original guilty plea, to one misdemeanor count of driving under the

influence, was set aside on motion of the prosecution after the prosecutor belatedly

realized that one victim, Ann G., had suffered a serious injury, specifically a broken arm.

After the motion was granted, the prosecution filed a first amended complaint,

charging defendant with, among other charges, three felony counts of driving under the

influence while having a blood-alcohol level in excess of 0.15 percent, causing bodily

injury to two victims and causing great bodily injury to one victim. (Veh. Code,

§§ 23153, subds. (a), (b), 23578, counts 1-3; Pen. Code, §§ 12022.7, subd. (a), 1192.7,

subd. (c)(8), counts 1 & 2.) Defendant ultimately pleaded guilty to one felony and two

misdemeanors. (Further details of the first amended complaint and the plea are set forth

below.)

Defendant now seeks either to have his original…