Escarcega

People v. Escarcega

Good Law
243 Cal. Rptr. 3d 771·32 Cal. App. 5th 362
Court of Appeal of CaliforniaFebruary 20, 2019B284215California8,038 words

Opinion

Lead Opinion

Lavin, J.

*773 *365 INTRODUCTION

Defendant Marco Escarcega caused a head-on collision while attempting to pass two vehicles on a two-lane road at night, resulting in catastrophic injuries to two victims. Defendant argues that there is insufficient evidence he acted with wanton disregard for safety; that he was denied his right to present a defense when the court excluded cross-examination questions about other accidents on that stretch of road; that the great-bodily-injury enhancement is unauthorized because great bodily injury is an element of the underlying offense; that the evidence did not support the court's imposition of the high term; and that the court erred by finding defendant presumptively ineligible for probation. We affirm.

PROCEDURAL BACKGROUND

By information dated November 1, 2016, defendant was charged with one count of reckless driving ( Veh. Code, § 23103, subd. (a) ; count 1). 1 The information also alleged defendant had caused a specified injury to Carlos I. (§ 23105) and personally inflicted great bodily injury on Jessica S. ( Pen. Code, § 12022.7, subd. (a) ). Defendant pled not guilty and denied the allegations.

After a trial at which he testified in his own…

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