Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County No. 213393, Stephanie M. Sontag and Kathleen M. Lewis, Judges.
IRION, J.
Martin Garza entered a negotiated guilty plea to count 1 of the complaint, driving with a measurable blood alcohol level causing injury (Veh. Code, § 23153, subd. (b)), and to its corresponding allegation that Garza caused the victim, Cesar Urbano, to become comatose due to brain injury (Pen. Code, § 12022.7, subd. (b)); and to count 3 of the complaint, willfully evading a pursuing peace officer, causing serious bodily injury (Veh. Code, § 2800.3, subd (a)), and its corresponding allegation that Garza personally inflicted great bodily injury upon Urbano (Pen. Code, § 1192.7, subd. (c)(8)). As part of the plea bargain, the prosecution dismissed a count for driving under the influence of alcohol, a hit and run with injury count, an evading an officer with reckless driving count and various allegations. The parties stipulated to an eight year prison term. The trial court sentenced Garza in accordance with the plea bargain.
Garza's request for a certificate of probable cause was denied.
FACTS
On May 3, 2008, Garza, who had been drinking and had a blood alcohol level higher than.08, drove a car though a red light signal on Logan Avenue at 45th Street in San Diego, traveling at speeds of 50 to 60 miles per hour. San Diego Police Officer Randy Burgess saw the car run the light and attempted to stop the vehicle. However instead of stopping, Garza sped away. Officer Burgess lost sight of Garza's car in the area of 4100 Ocean View Boulevard.
Garza was driving too fast for the conditions of the road and crossed over into oncoming traffic lanes, drove over a concrete curb and struck a pedestrian near a portable ice cream cart. The pedestrian, later identified as Urbano, was launched several feet into the air as the result of the impact and landed semiconscious, but not responsive. Urbano had a fractured femur, a compounded fracture to his left wrist, a laceration to the top of his head, and an abrasion and laceration to his face and upper lip. Garza did not stop at the accident scene, but continued west on Ocean View Boulevard.
Garza's car passed in front of Officer Robinson's patrol car near 35th and Ocean View Boulevard. Robinson activated his patrol car's overhead emergency lights and siren and gave chase. Garza continued to drive recklessly and at high rates of speed, failing to yield to Officer Robinson for several miles. Garza was observed making unsafe lane changes, driving too close to other vehicles and swerving. Garza finally turned onto east Interstate 8 and pulled to the side of the road, where he was apprehended and taken into custody. Garza displayed symptoms of being under the influence of alcohol. In a search of Garza's car, which had front-end damage, police discovered a 24 ounce can of beer on the glove box and a 12 ounce can in the back seat.
Garza was charged with having violated California Vehicle Code sections 23153, subdivision (a) (count 1), 23153, subdivision (b) (count 2), 2800.3, subdivision (a) (count 3) and 20001, subdivision (a) (count 4).
Counts 1 and 2 of the complaint had corresponding special allegations under Penal Code section 12022.7, subdivisions (a) and (b), and Vehicle Code section 23577. A special allegation under Penal Code section 1192.7, subdivision (c)(8) was made in connection with count 3.
Garza pled guilty at the first readiness conference. At the time of Garza's plea, Urbano was hospitalized and comatose, although he later recovered.
Garza filed a motion to withdraw his plea, which was denied after an evidentiary hearing.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as a possible, but not arguable, issue whether Garza can raise the denial of his motion to withdraw his plea in the absence of a certificate of probable cause.
We granted Garza permission to file a brief on his own behalf. He has not responded.
A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436, and Anders v. California, supra, 386 U.S. 738, including the possible issue referred to by appellate counsel, has disclosed no reasonably arguable appellate issues. Garza has been adequately represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: HUFFMAN, Acting P.J., O'ROURKE, J.