People v. Payne CA3

Filed 10/27/21 P. v. Payne CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Calaveras) ----

THE PEOPLE, C086844

Plaintiff and Respondent, (Super. Ct. No. 16F6862)

v.

DEAN ALLEN PAYNE,

Defendant and Appellant.

Defendant was operating his boat on Lake Tulloch when he ran over the victims Rachael P. (Rachael) and Robin T. (Robin), who were riding on an innertube being towed by Dustin T.’s boat. It is undisputed that defendant was intoxicated at the time. Both victims sustained great bodily injury causing them to become comatose due to brain injury. A jury found defendant guilty of unlawfully operating a vessel while under the influence, causing bodily injury. Additionally, the jury found true, as to each…