Guzman

People v. Guzman

Bad Law
2000 Cal. App. LEXIS 31·2000 Daily Journal DAR 803·77 Cal. App. 4th 761·91 Cal. Rptr. 2d 885·2000 Cal. Daily Op. Serv. 485
Court of Appeal of CaliforniaJanuary 18, 2000No. F031127California1,198 words

Opinion

Lead Opinion

Levy, J.

Appellant, Francisco Guzman, was convicted of driving under the influence of alcohol and causing bodily injury to another person. On *763 appeal, appellant challenges the finding that he personally inflicted great bodily injury in the commission of a felony. (Pen. Code, § 12022.7.) 1 This finding was based on injuries his passenger received in a collision with another vehicle. According to appellant, he did not “personally” inflict this injury. Appellant further argues the injury occurred in the commission of a misdemeanor because it was the injury that elevated the offense to a felony.

However, as discussed below, appellant’s action was the direct cause of the injury. Thus, he personally inflicted it. Further, the other person’s injury constituted great bodily injury and thus was more serious than the mere bodily injury required for a felony conviction. Therefore, the section 12022.7 finding was proper.

Statement of the Case and Facts

While driving with a blood-alcohol level of .10 percent, appellant made an unsafe left turn in front of another vehicle. Due to appellant’s action, a collision occurred and appellant’s passenger, Amy Quinonez, was injured.

Ms. Quinonez…

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