California VC 23104(B)

My question involves criminal law for the state of: California
Fifteen years ago I pled guilty to two counts of vc 23104(B). I was driving recklessly and left the scene of the accident. Three passengers were seriously injured (brokens bones) but nothing permanent. I now have been arrested for an assault case. California three strikes calls for 25 to life for any felony conviction with two or more prior "serious or violent" felonies. "Serious" includes any case were bodily injury occurs. I have found one appellate court decision which involves a similiar, but not identical, situation . People v Wood (2000) 83 Ca 4th 462 CR2d 115 found that the vc violation was not a strike if the bodily injury did not occur during an attempt to flee. This is not the same vc violation I pled guilty to. The DA is threatening me with 25 to life for the current assault charge:wallbang: (it carries 2-3-4 years with no priors) I cannot find any other case precedence for vc 23104 (B). Do you know where I can go to find such cases

You appear to be charged with much more that CVC 23104(b) ... what are the specific statutes you are being charged with?

Is the assault related to this case or another one? What is the statute you are charged with?

- Carl

Prior convictions are: (1988) 459-residential burglary and (1993) vc 23104(B)

Current charge is 242 assault

D.A. is using both priors as serious

I need a precedence that defines vc 23104(B) (serious enough or not to be a strike)

This appellate decision should post date (March 1994) and refer to the California three strikes law

While it's not uncommon for laypersons, law students, and even newbie lawyers to believe that there's a magic case law tree you can shake, and have a 100% perfect precedent fall into your lap, that's unfortunately not the case. More often you're stuck arguing by analogy, or debating whether the similarities in a case are more important than the differences so that the court can determine whether or not to apply it. You are free to try to find case law (using a free service like lexisone.com or a paid service), or probably better have your lawyer search for you, but there's no guarantee that you'll find anything.

You're citing People v. Wood (2000) 83 Cal.App.4th 862. That's not going to help you. That case found, in my opinion by virtue of common sense, that a "hit and run" charge could not be a "serious felony" (and thus a "strike") under Pen. Code sec. 1192.7(c)(8) ("any felony in which the defendant personally inflicts great bodily injury on any person...") because absent unusual circumstances (the flight causing the injury) the injury precedes the offense and is not part of the offense.

You are describing instead a conviction under Vehicle Code sec. 23104(b):

Quote:

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Quoting CVC 23104(b)

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Any person convicted of reckless driving which proximately causes great bodily injury, as defined in Section 12022.7 of the Penal Code, to any person other than the driver, who previously has been convicted of a violation of Section 23103, 23104, 23109, 23152, or 23153, shall be punished by imprisonment in the state prison, by imprisonment in the county jail for not less than 30 days nor more than six months or by a fine of not less than two hundred twenty dollars ($220) nor more than one thousand dollars ($1,000) or by both the fine and imprisonment.

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Under that statute the reckless driving must cause great bodily injury for the conviction to occur, so no similar argument can be made.

Thank you Knowitall, I see the difference between "Wood", and my case, it doesn't look good. I appreciate the help.