People v. Benavidez CA3

I. BACKGROUND

In June 2021, the People charged defendant with hit-and-run driving resulting in injury to another person (Veh. Code, § 20001, subd. (b)(2)—count 1), gross vehicular manslaughter while intoxicated (§ 191.5, subd. (a)—count 2), driving under the influence of alcohol resulting in injury (Veh. Code, § 23153, subd. (a)—count 3), and driving with .08 percent blood alcohol content or more causing injury (Veh. Code, § 23153, subd. (b)—count 4). Relative to counts 3 and 4, the People also alleged defendant personally inflicted great bodily injury in violation of section 12022.7, subdivision (a). Defendant subsequently pled no contest to driving under the influence and causing injury (count 3) and admitted that he personally inflicted great bodily injury as a result of his criminal conduct. In exchange for his plea, the remaining charges and enhancement allegations were dismissed with a Harvey2 waiver. At sentencing, defense counsel asked the court “to consider the changes in [section] 1170 of the Penal Code. [Defendant]’s under 26 and he’s suffered psychologically and childhood trauma. There is no doubt.” After hearing from counsel, the court ruled: “I have reviewed…