Patel

People v. Patel

Caution
126 Cal. Rptr. 3d 855·196 Cal. App. 4th 956·2011 Cal. App. LEXIS 793
Court of Appeal of CaliforniaJune 21, 2011No. C066321California1,698 words

Opinion

Lead Opinion

Raye, J.

In exchange for a grant of probation, defendant Javid Patel entered negotiated pleas of no contest to alternative felony counts of “generic” and “per se” 1 negligent driving under the influence of alcohol (DUI) that resulted in bodily injury to another, and a misdemeanor count of driving *958 while his license was suspended for a previous DUI. He also admitted allegations of a prior DUI conviction, personal infliction of great bodily injury, multiple victims, and driving with a blood-alcohol level in excess of 0.15 percent. Defendant had one day of actual custody.

Defendant’s ensuing appeal is subject to the principles of People v. Wende (1979) 25 Cal.3d 436 [ 158 Cal.Rptr. 839 , 600 P.2d 1071 ] (Wende) and People v. Kelly (2006) 40 Cal.4th 106, 110 [ 51 Cal.Rptr.3d 98 , 146 P.3d 547 ], In accordance with the latter, we will provide a summary of the offense and the proceedings in the trial court.

I

The parties stipulated to the prosecutor’s recitation of the factual basis for the plea. In March 2010 defendant was driving with a blood-alcohol level of 0.22 percent. He had three passengers in his car. Running a red light, he collided with another car. The other…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.