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People v. Rodriguez12/3/2002
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.
Abraham Rodriguez appeals from a judgment of conviction entered upon a jury verdict of guilty. Appellant's court-appointed counsel has briefed no issues and asks this court to review the record pursuant to People v. Wende (1979) 25 Cal.3d 436.
An information filed in Napa County Superior Court charged appellant with driving under the influence of alcohol resulting in injury (Veh. Code, § 23153, subd. (a)) and driving with a blood/alcohol ratio of .08 percent or above resulting in injury (§ 23153, subd. (b)). The information further alleged that appellant served three separate prior prison terms, each a sentencing enhancement (Pen. Code, § 667.5, subd. (b)), and suffered a prior strike (Pen. Code, § 667, subds. (b)-(i)).
Before trial, the court granted the prosecution's motion to dismiss the alleged strike (Pen. Code, § 667, subds. (b)-(i)).
At the beginning of trial, the court granted appellant's motion to bifurcate the special allegations and accepted his waiver of the right to have a jury decide the truth of those allegations.
The jury found appellant guilty as charged (§ 23153, subds. (a) & (b)), and the court subsequently found each of the three enhancements to be true (Pen. Code, § 667.5, subd. (b)).
The court sentenced appellant to the aggravated term of three years in state prison for driving under the influence of alcohol resulting in injury (§ 23153, subd. (a)) and enhanced the term by one year for each of three sentencing enhancements (Pen. Code, § 667.5, subd. (b)). The court also imposed the aggravated term of three years for driving with a blood/alcohol ratio of .08 percent or above resulting in injury (§ 23153, subd. (b)) but stayed execution of that sentence pursuant to Penal Code section 654. Thus, the aggregate term totaled six years. The court granted appellant 313 days' total presentence credit and ordered him to pay a $1,500 restitution fine.
Prosecution's Case
On August 16, 2001, at approximately 4:45 p.m., Napa Police Officer James Stephenson was driving eastbound on Trower Road in Napa. Stephenson stopped his marked patrol vehicle at the signal light on the corner of Trower and Highway 29. When the light turned green, he drove over the highway, crossed some railroad tracks and approached the intersection of Trower and Solano. Eastbound traffic on Trower was stopped before and after the intersection, but the intersection was clear. A moment before Stephenson entered the intersection, he caught a glimpse of a truck driven by appellant coming from the officer's left traveling north on Solano at approximately 30 miles per hour. Stephenson applied his brakes quickly and attempted to steer away from the oncoming truck. However, his patrol car simply slid a little before the front end collided with the passenger midsection of appellant's truck.
At impact, the nose of the patrol car dove downward, and appellant's truck drove over it before becoming airborne, spinning completely around and coming to rest facing south. Appellant's truck landed on top of the hood of a small pickup truck that had been stopped at the stop sign for traffic going south on Solano at the intersection of Trower.
The initial impact caused Stephenson to hit his head on his vehicle's steering wheel. He also jammed his thumb and hit his knee. The most
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