P. v. Chavez
Filed 2/3/06 P. v. Chavez CA1/2




NOT TO BE PUBLISHED


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 This opinion has not been certified for publication or ordered published for purposes of rule 977.



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA





FIRST APPELLATE DISTRICT




DIVISION TWO






THE PEOPLE,

Plaintiff and Respondent,

v.

RAQUEL CHAVEZ,

Defendant and Appellant.
A108043

(San Francisco County

Super. Ct. No. 192769)


I. INTRODUCTION

On September 10, 2004, appellant was convicted of two counts of driving under the influence of alcohol and two counts of driving with a blood alcohol content of .08 percent or more. The jury also found true bodily injury enhancements appended to each of the four counts. The four counts related to two different automobile accidents in which appellant was involved, both in San Francisco and both occurring in May 2004.

Appellant was sentenced to seven years in prison, but appeals claiming (1) error in the trial court's failure to sever the counts relating to the different accidents and (2) there was insufficient evidence of any bodily injury caused by the second accident. We reject both claims and affirm the judgment.

II. FACTUAL AND PROCEDURAL BACKGROUND

At around noon on May 13, 2004,[1] appellant was driving a vehicle which struck Eve Mendez who was in the crosswalk at the intersection of Turk Street and Masonic Avenue in San Francisco, and who was crossing with the light. The accident was witnessed by one Edward Rivas, who had stopped at the light, and also by Marcus Chang, who was on the sidewalk. Both testified that appellant had run the red light. Rivas testified that appellant's eyes were red. He asked her if she was drunk, and she replied: â€