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People v. Hernandez4/25/1990
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE
No. D009561
1990.CA.40855 ; 219 Cal. App. 3d 1177; 269 Cal. Rptr. 21
April 25, 1990
THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
FELIPE SANTIAGO HERNANDEZ, DEFENDANT AND APPELLANT
Superior Court of San Diego County, No. CRN14389, William D. Mudd, Judge.
Joel M. Kriger, under appointment by the Court of Appeal, for Defendant and Appellant.
John K. Van de Kamp, Attorney General, Richard B. Iglehart, Chief Assistant Attorney General, Harley D. Mayfield, Assistant Attorney General, Janelle B. Davis and Jeffrey J. Koch, Deputy Attorneys General, for Plaintiff and Respondent.
Opinion by Nares, J., with Kremer, P. J., and Benke, J., concurring.
Nares
An information charged Felipe Santiago Hernandez in count one with driving under the influence of alcohol and neglecting a duty imposed by law which proximately caused bodily injury to another (Veh. Code, § 23153, subd. (a)) and in count two with driving a motor vehicle while having a blood alcohol of at least .10 percent and neglecting a duty imposed by law which proximately caused bodily injury to another (§ 23153, subd. (b).) As to both counts, the information alleged Hernandez had injured more than one victim (§ 23182) and further alleged Hernandez had a prior conviction for driving under the influence of alcohol. After Hernandez waived his right to a jury trial, the court convicted him of both counts and found the allegations to be true. The court granted Hernandez probation for five years conditioned on, among other things, serving 180 days in local custody. Hernandez appeals, challenging the sufficiency of the evidence to support his conviction. We affirm.
Facts
About 11:30 p.m. on May 15, 1988, Mary and Charles Alger were driving south on Interstate 15 in Riverside County when Hernandez, erratically driving his red Toyota pickup truck, passed them. Hernandez also swerved to the shoulder to pass several cars. At that time, the truck's lights were on. About 30 minutes later, Mandy Fishman and a friend were driving south on Interstate 15 in San Diego County when they saw Hernandez's truck stopped on the freeway. Fishman's friend, who was driving, swerved out of the lane to avoid hitting the truck. The truck did not have its flashing hazard lights on.
A few minutes later, the Algers were driving in the number three lane when they crashed into the back of Hernandez's truck which was stopped in that lane either straight or at a slight angle. The truck's lights were not on. Although it was a clear evening, the area was unlit. Mrs. Alger did not see the truck until immediately before the impact and did not have a chance to apply her brakes. Mr. Alger saw the truck only an instant before the impact. As a result of the accident, Mrs. Alger had a fractured collarbone, a puncture to the right knee, a broken finger, severe heart contusions and a bruised sternum. Mr. Alger had severe pain in his chest and stomach, moderate neck injuries and a broken finger.
Mark Skinner came to the scene shortly after the crash. When Skinner got out of his car, he saw Hernandez lying in the road about 12 feet from his
truck and went to his aid. As Skinner leaned over Hernandez, he smelled alcohol. Skinner noticed the lights on Hernandez's truck were off and asked some
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