In re Borlik

Ron Barnes, acting warden at the California Correctional Center in Susanville appeals from an April 24, 2009 order of the Santa Clara County Superior Court granting Craig Hunter Borlik’s petition for writ of habeas corpus. 1 For reasons that follow, we reverse the order of the superior court.

*34 Background

On May 25, 2005, while intoxicated, Craig Borlik (Borlik) ran a red light and struck a 72-year-old bicyclist who was crossing the street. Three weeks later, the cyclist died of his injuries.

Borlik pleaded no contest to four felony charges arising from the incident: gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)), driving with a blood-alcohol concentration (BAC) of 0.08 percent or greater causing bodily injury (Veh. Code, § 23153, subd. (b)), hit and run where the injury resulted in death or injury to another person (Veh. Code, § 20001, subd. (a)) and endangering a child (Pen. Code, § 273a, subd. (a)). 2 Borlik admitted that while driving with a BAC of 0.08 percent or greater, he personally caused serious bodily injury within the meaning of Penal Code section 12022.7.

On June 23, 2006, the superior court sentenced Borlik to the…