P.
P. v. Corn CA6
Opinion
Opinion
Manoukian, J.
I. INTRODUCTION
Defendant Aaron Corn pleaded no contest to driving with a blood-alcohol content of 0.08 percent or more and causing injury (Veh. Code, § 23153, subd. (b)), and driving or taking a vehicle without the owner‟s consent (former Veh. Code, § 10851, subd. (a)). He also admitted that he caused bodily injury to multiple victims (Veh. Code, § 23558) and that he personally inflicted great bodily injury upon another victim who suffered paralysis (Pen. Code, § 12022.7, subd. (b)).1 The court denied probation and sentenced defendant to seven years four months in prison. On appeal, defendant contends that the trial court erred in concluding that he was presumptively ineligible for probation under section 1203, subdivision (e)(3) (hereafter section 1203(e)(3)), which generally provides that probation shall not be granted except
1 All further statutory references are to the Penal Code unless otherwise indicated. in unusual cases if the defendant has “willfully inflicted great bodily injury” in the perpetration of the crime. For reasons that we will explain, we will reverse the judgment and remand the matter for a new sentencing hearing.