P. v. Montes CA6
Defendant Adrian Montes ran a red light while driving under the influence of alcohol. His vehicle collided with another vehicle, seriously injuring its two occupants. Defendant pleaded guilty to two counts of driving under the influence of alcohol causing injury (Veh. Code, § 23153, subd. (a)) and admitted allegations that he inflicted great bodily injury on one victim and inflicted great bodily injury on a second victim, who become comatose due to brain injury. The trial court sentenced defendant to a three-year term. On appeal, defendant seeks to have one of his convictions dismissed, noting that one incident of driving under the influence can give rise to only a single violation of Vehicle Code section 23153, regardless of the number of victims. Defendant also argues the trial court erred in failing to conduct a hearing pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden) and with respect to its award of conduct credits. We shall affirm.
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