Sainz

People v. Sainz

Good Law
1999 Cal. App. LEXIS 782·74 Cal. App. 4th 565·88 Cal. Rptr. 2d 203·99 Daily Journal DAR 8801·99 Cal. Daily Op. Serv. 6935
Court of Appeal of CaliforniaAugust 24, 1999B124318California4,077 words

Opinion

Opinion

Kitching, J.

Ricardo Francisco Sainz, Jr., appeals from a judgment entered following his plea of guilty to driving with a blood-alcohol level of .08 or more and causing bodily injury to another person (Veh. Code, § 23153, subd. (b)), during the commission of which felony he personally inflicted great bodily injury (Pen. Code, § 12022.7, subd. (a)). The trial court sentenced Sainz to three years in prison pursuant to Vehicle Code section 23180, and also imposed and stayed a three-year Penal Code section 12022.7 great bodily injury enhancement.

In this appeal we consider whether the trial court properly imposed the Penal Code section 12022.7 great bodily injury enhancement with regard to Sainz’s conviction for violating Vehicle Code section 23153. Because the Legislature intended to give Penal Code section 12022.7 broad application, we conclude that the trial court properly imposed this enhancement. We affirm the judgment.

Factual and Procedural Background

At approximately 2:00 a.m. on December 20, 1996, Sainz was driving, westbound on the 10 Freeway toward the 210 Freeway intersection. Sainz had a blood-alcohol level of .17. After rapidly changing lanes in an attempt to drive onto…

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