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People v. McAlpin1/7/2005
948) 88 Cal.App.2d 47, 55 [same].) Defendant presented no evidence to the contrary in connection with his motion.
"Bodily injury means just what it says--harm or hurt to the body. Common sense requires more for conviction than a `shaking up' of a person in a car which is in an accident, or fright, or a minor headache; it means very obviously a hurt to the body." (Lares, supra, 261 Cal.App.2d at p. 662.) The evidence in the present case supports the conclusion that the victim suffered a harm or hurt to the body, which is all that is required for a conviction under section 23153(a).
Defendant suggests that defense counsel was ineffective for failing to investigate B.K.'s injuries to substantiate the absence of bodily injury. This argument is waived both by defendant's failure to provide a separate heading for it (Cal. Rules of Court, rule 14(a)(1)(B); Opdyk v. Cal. Horse Racing Bd. (1995) 34 Cal.App.4th 1826, 1831, fn. 4 [waiver for failure to head argument]), and his failure to raise this purported basis for relief in his motion to withdraw his plea. (People v. Kaurish (1990) 52 Cal.3d 648, 701 [issue not raised in trial court waived on appeal].) Even if we found that trial counsel was ineffective for failing to raise this issue, defendant has not shown "a reasonable probability that, but for counsel's unprofessional errors, a determination more favorable to defendant would have resulted. [Citations.]" (People v. Rodrigues (1994) 8 Cal.4th 1060, 1126; People v. Kipp (1998) 18 Cal.4th 349, 366.) The record showed that B.K. had suffered bodily injury, and that further investigation merely would have raised potentially conflicting evidence on the issue, which does not establish " istake, ignorance, or any other factor overcoming the exercise of free judgment" (People v. Cruz, supra, 12 Cal.3d at p. 566), let alone defendant's purported factual innocence. The trial court did not abuse its discretion by denying defendant's motion to withdraw his plea.
Disposition
The judgment is affirmed.
We concur:
NICHOLSON, Acting P.J.
MORRISON, J.
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