Dakin

People v. Dakin

Good Law
1988 Cal. App. LEXIS 396·200 Cal. App. 3d 1026·248 Cal. Rptr. 206
Court of Appeal of CaliforniaApril 28, 1988A037107California398 words

Opinion

Opinion

Barry-Deal, J.

Michael A. Dakin (appellant) appeals from a judgment sentencing him to one year in county jail for a violation of Vehicle Code section 23153, subdivision (b) (driving with a blood-alcohol level of 0.10 percent or more and causing bodily injury), entered after he submitted his case on the preliminary hearing transcript. Appellant contends the trial court erred in failing to advise him that the submission would require him to waive his privilege against self-incrimination and that the direct consequences of a conviction included a minimum one-year sentence to county jail and a five-year revocation of his driver’s license. He also maintains that the evidence was insufficient to support his conviction because it did not show bodily injury. We affirm the judgment.

Discussion

At the preliminary hearing, Lester Wayne Testerman testified that at approximately 2 p.m. on March 5, 1986, he was driving his pickup truck on Peabody Road in Vacaville. His wife was riding with him. As he slowed for a stoplight, there was a terrific impact to the rear of his vehicle. His head and his wife’s head went through the rear window of the pickup and shattered it. Mr. Testerman suffered two cuts…

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