People v. Fleming CA5

INTRODUCTION

Appellant/defendant Daniel Ames Fleming agreed to drive his friend Charles Verville (Verville) to the store. After they got into his Jeep, defendant told Verville that he was going to take him “four-wheeling” on an old mine road that was unpaved, rutted, and steep. As defendant performed a U-turn over brush, he hit some type of obstruction and Verville slammed his head into the Jeep’s roll bar. Verville suffered a large gash on his forehead, which required 26 stitches. The responding officers determined both men had been drinking. Defendant claimed Verville had been driving. Defendant’s blood- alcohol content was 0.19 percent. After a jury trial, defendant was convicted as charged of count I, driving under the influence causing injury (Veh. Code, § 23153, subd. (a));1 and count II, driving under the influence with a blood-alcohol content over 0.08 percent causing injury (§ 23153, subd. (b)), with an enhancement for the personal infliction of great bodily injury (Pen. Code, § 12022.7, subd. (a)). Defendant admitted he had a prior conviction for driving under the influence in 2011 (§§ 23152, subd. (a), § 23566, subds. (a), (b), (c)). He was placed on probation for five…