P. v. Cervantes
Defendant Angel Cervantes drove a vehicle while drunk in the parking lot of a nightclub and caused physical injury to four people, two seriously. A jury convicted him of driving under the influence and proximately causing bodily injury and driving with a blood alcohol content of 0.08 percent or more and proximately causing bodily injury. The jury found that he personally inflicted great bodily injury upon two separate victims and proximately caused bodily injury to more than one victim. The jury also found that defendant willfully refused to submit to and complete chemical testing and drove with an alcohol content of 0.15 percent or greater. The jury acquitted defendant of three counts of assault by means of force likely to produce great bodily injury.
Sentenced to state prison for an aggregate term of eight years and four months, defendant appeals. He contends that the trial court abused its discretion in denying probation. We will affirm the judgment.
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