The People of the State of California v. Mark Gallegos

Bakersfield, California criminal defense lawyer represented the Defendant charged with DUI.



A jury convicted defendant Mark Gallegos of driving under the influence of alcohol and causing bodily injury to Emmy E. (Veh. Code, § 23153, subd. (a); count 1) and driving while having a blood-alcohol content of over 0.08 percent and causing bodily injury to Emmy E. (id., subd. (b); count 2). The jury also convicted defendant of leaving the scene of the accident where he seriously injured Emmy E. (id., § 20001, subd. (b)(2); count 3) and driving without a valid license (id., § 12500, subd. (a); count 4). The jury found true allegations as to counts 1 and 2 that defendant personally inflicted great bodily injury upon Emmy E. and Ariany R., causing them to become comatose or suffer paralysis (Pen. Code, § 12022.7, subd. (b)); he caused great bodily injury to Emmy E. and Ariany R. (id., § 12022.7, subd. (a)); and he caused bodily injury to more than one victim (including Sandra R. and Isaac E.) (Veh. Code, § 23558).[1]



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Legal issue Can a court impose multiple great bodily injury enhancements under Penal Code section 12022.7(b) for a single offense when there are multiple victims in a DUI case?



Key Phrases Driving under the influence. Great bodily injury enhancements. Medically induced coma. Seat belt causation argument. Alcohol and speed factors.

Affirmed