P.

INTRODUCTION

On March 21, 2012, a first amended information charged defendant and appellant

Odis Thelmar Hamer III with causing injury to another person while driving a motor

vehicle under the influence of alcohol in violation of Vehicle Code section 23153,

subdivision (a) (count 1); causing injury to another person while driving a motor vehicle

with a blood-alcohol level of 0.08 percent or more in violation of Vehicle Code section

23153, subdivision (b) (count 2); and leaving the scene of an accident in violation of

Vehicle Code section 20001, subdivision (a) (count 3). Pursuant to Vehicle Code section

23560, the amended information also alleged, as to counts 1 and 2, one prior Vehicle

Code section 23153, subdivision (b), conviction, as well as enhancements under Penal

Code section 12022.7, subdivision (a) (great bodily injury) and Vehicle Code section

23558 (bodily injury). At the arraignment on March 23, 2012, defendant pleaded not

guilty to all counts.

On April 2, 2012, trial by jury commenced. After four days of trial, the jury

returned verdicts. The jury found defendant (1) guilty on count 1 of the lesser included

misdemeanor of driving under the influence in…