Vega-Hernandez

Appellant Isaías Vega-Hernandez appeals from convictions for causing injury to Judy and Ursula Schlicting while driving under the influence of alcohol (Veh. Code, § 23153, subd. (a)); driving with a blood alcohol level of .10 percent or more, causing injury to the same victims (Veh. Code, § 23153, subd. (b)); and hit and run with injury. (Veh. Code, § 20001.) Appellant contends that insufficient evidence was adduced to identify him as the perpetrator of these offenses and that the trial court erred in instructing the jury that it could convict appellant of violations of both subdivisions (a) and (b) of Vehicle Code section 23153; instructing on flight; failing to consider alcoholism as a mitigating factor in sentencing; using the conviction on count 2 to aggravate the sentence on count 1; finding aggravating factors to outweigh mitigating factors; and imposing an order of restitution in addition to appellant’s prison term.

We reject all but the last of these contentions. We agree with appellant that the trial court’s restitution order exceeded its authority and remand for further proceedings with instructions. In all other respects, we shall affirm the…