Randall
People v. Randall
Opinion
Opinion
Hull, J.
[EDITORS' NOTE: THIS OPINION IS DEPUBLISHED UPON GRANTING OF PETITION FOR REVIEW. THE OPINION APPEARS BELOW WITH A GRAY BACKGROUND.] OPINION Defendant previously pleaded guilty to one count of driving a vehicle with a blood-alcohol level of greater than .08 percent and causing injury in violation of Vehicle Code section 23153 , subdivision (b). Defendant also admitted the alleged enhancement that he personally caused great bodily injury to the victim, S.H., in violation of Penal Code section 12022.7 , subdivision (a). (Unspecified section references that follow are to the Penal Code.) Consistent with the plea agreement, the trial court sentenced defendant to five years of probation and 365 days in county jail, and ordered that he pay a $200 restitution fine (§§ 1202.4, 1202.43) and a $200 probation revocation fine (§ 1202.44). At the sentencing hearing, the trial court heard from S.H. Less than one year later, the probation department filed a petition to revoke defendant's probation, alleging public intoxication (§ 647, subd. (f)) and battery (§ 242). Following a contested hearing, the court found defendant violated his probation. At a subsequent sentencing hearing, S.H. again…