Ybarra
People v. Ybarra
Opinion
Opinion
Agliano, J.
In this appeal, defendant Manuel Garcia Ybarra seeks review of the trial court’s conclusion that defendant’s instant violation of Vehicle Code section 23153, subdivision (a) (driving under the influence of alcohol and causing injury) constitutes a “serious felony” within the meaning of Penal Code sections 667 and 1192.7. Because resolution of this issue is premature, we shall strike the trial court’s legal conclusion characterizing the present offense as a serious felony.
On May 10, 1987, at 1:39 p.m., defendant was traveling northbound on Race Street in San Jose at an approximate speed of 65-70 miles per hour. He ran a red light at an intersection and, after losing control of his vehicle, struck two parked cars. Three passengers in defendant’s car suffered serious bodily injuries.
A chemical test of defendant’s blood disclosed that he had operated the vehicle while under the influence of alcohol.
As a result of the described incident, defendant was charged with driving under the influence and causing injury in violation of Vehicle Code section 23153, subdivision (a). The complaint also alleged that defendant inflicted great bodily injury on Jamie Macias within the…