People v. Garcia CA4/3

INTRODUCTION

Defendant David Raymond Garcia appeals after a jury found him guilty of two felony counts of making criminal threats, one felony count of driving under the influence of alcohol or drugs with a prior felony, one felony count of driving with a blood-alcohol level of 0.08 percent or more with a prior felony, two misdemeanor counts of hit and run with property damage, and one misdemeanor count of resisting a peace officer. Garcia argues that, aside from his conviction for the misdemeanor offense of resisting a peace officer, none of his convictions was supported by substantial evidence. We affirm the judgment except for Garcia’s conviction for one of the two misdemeanor counts of hit and run with property damage. As the Attorney General acknowledges, under the facts of this case, Garcia may be properly convicted of only one count of hit and run with property damage in violation of Vehicle Code section 20002, subdivision (a). We therefore reverse the judgment as to Garcia’s conviction for that offense which was pleaded in the information as count 7. Substantial evidence supported each of Garcia’s other convictions.

FACTS

Around 4:00 p.m. on April 1, 2013, Arlette…