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People v. Garcia5/14/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Defendant Rosemary Garcia pleaded guilty to driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)). Defendant subsequently pleaded guilty to hit and run with injury (Veh. Code, § 20001). We hold that Penal Code section 654 did not bar multiple prosecutions and affirm.
I. Statement of Facts
At approximately 10:45 p.m. on July 14, 2001, Officer David Shaw observed defendant driving her car in Salinas. She was driving the vehicle without a left front tire , causing sparks to fly from the wheel area and a loud scraping noise. Shaw stopped defendant's vehicle. As Shaw approached, he noticed that the left mirror was missing and the driver's door window had been shattered. There was glass in defendant's hair, on her clothing, and between her legs. Defendant did not remember whether she had been involved in an accident. Shaw asked the dispatcher to contact the California Highway Patrol (CHP) regarding any reports of accidents on Highway 101.
As Shaw spoke with defendant, he observed that she was exhibiting symptoms of alcohol intoxication. After she failed field sobriety tests, she was arrested for driving under the influence . Shaw transported defendant to the Salinas Police Department where he conducted an intoxilyzer test. Defendant's blood alcohol content was .16 percent. Shaw was also informed that defendant had been involved in an accident on Highway 101 in Gonzales. In addition to the facts summarizing the charged offenses, Shaw's report stated that information regarding the accident could be obtained in the CHP report. The CHP report was also referred to on the face sheet of Shaw's report.
Meanwhile, at approximately 10:20 p.m., CHP Officer Howlett had responded to an injury-accident call involving a wrong-way driver on Highway 101 near Gonzales. Laura Azbill had been traveling southbound on the highway when defendant, who was traveling northbound in the southbound lanes, hit the driver's side of her vehicle at a speed of approximately 40-50 miles per hour. Azbill suffered injuries to her back and neck and her car was severely damaged. Azbill pulled over, but defendant continued driving.
The dispatcher informed Howlett that the Salinas Police Department had possibly detained the vehicle involved in the collision. After securing the accident scene, Howlett drove to the location where defendant had been arrested. Howlett photographed defendant's vehicle and determined that its condition was consistent with being involved in a collision. Howlett then drove to the Salinas Police Department where he spoke with Shaw, who related the events of defendant's detention and arrest.
Howlett interviewed defendant, who stated that she was unaware that she had been involved in an accident. Howlett noted that the Salinas Police Department would handle the driving under the influence investigation and referred to the case number. Howlett's report concluded with a recommendation that it be forwarded to the Monterey County District Attorney's Office for review and that charges be filed for injury hit and run and failure to provide proof of insurance at a collision scene.
II. Statement of the Case
On July 17, 2001, the Monterey County District Attorney filed a misdemeanor complaint that charged defendant with driving under the influence of alcohol (count 1 - Ve
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