P.

P. v. Harding CA1/5

Good Law
Court of Appeal of CaliforniaJuly 18, 2016A146249California558 words

Opinion

Opinion

Bruiniers, J.

I. BACKGROUND AND PROCEDURAL HISTORY

The facts are not disputed, and we recite them only briefly. On May 5, 2013, Harding was observed by several individuals driving erratically on Interstate Highway 680. She was under the influence of multiple prescription medications. As other cars attempted to avoid Harding’s vehicle, another motorist was forced up an embankment and her vehicle overturned. Harding continued without stopping. She was later apprehended by police on a freeway off-ramp. As a result of the accident, the victim suffered a coma with brain injury and permanent paralysis.

1 Harding was charged by information with driving while under the influence with injury (Veh. Code, § 23153, subd. (a); count 1) and with reckless driving causing great bodily injury (§§ 23103, subd. (a), 23105; count 2). As to count 1 it was alleged Harding inflicted great bodily injury resulting in brain injury and paralysis. (Pen. Code § 12022.7, subd. (b).) Harding waived jury trial and agreed to submit the matter to the court on documentary evidence and stipulated facts. She was found guilty of both charges and the sentencing enhancement was found to be true. At sentencing, the court…

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