Hernandez
People v. Hernandez
Opinion
Opinion
Nares, J.
An information charged Felipe Santiago Hernandez in count one with driving under the influence of alcohol and neglecting a duty imposed by law which proximately caused bodily injury to another (Veh. Code, § 23153, subd. (a)) and in count two with driving a motor vehicle while having a blood alcohol of at least . 10 percent and neglecting a duty imposed by law which proximately caused bodily injury to another (§ 23153, subd. (b).) As to both counts, the information alleged Hernandez had injured more than one victim (§ 23182) and further alleged Hernandez had a prior conviction for driving under the influence of alcohol. After Hernandez waived his right to a jury trial, the court convicted him of both counts and found the allegations to be true. The court granted Hernandez probation for five years conditioned on, among other things, serving 180 days in local custody. Hernandez appeals, challenging the sufficiency of the evidence to support his conviction. We affirm.
Facts
About 11:30 p.m. on May 15, 1988, Mary and Charles Alger were driving south on Interstate 15 in Riverside County when Hernandez, erratically driving his red Toyota pickup truck, passed them. Hernandez…