By Natalia Claburn
SACRAMENTO, CA – Sacramento County Superior Court Judge Patrick Marlette warned defendant Curtis Robinson that if he receives another driving under the influence charge in which someone is killed rather than just injured – as in his current case – the jury will believe the crime was malicious and Robinson could go to prison for life.
Deputy District Attorney Colin Stephenson Wednesday made a motion to dismiss one of Robinson’s three counts through a deal with Assistant Public Defendant Kyra Nickell.
DDA Stephenson explained that the accident resulted in a victim who was not killed but did suffer injuries that caused her to have “pain to her head and left shoulder.”
Robinson offered assistance once the victim had been injured, but since the victim was able to walk, she went “to an Urgent Care Facility” that was not too far away rather than choosing to “go to the hospital via ambulance,” explained Stephenson.
With unnamed injuries that caused the victim to have recurring pain, the victim had to seek treatment from a physical therapist. The victim attended physical therapy for months and has just recently made a full recovery.
There were three charges that Robinson was facing, though only one was specified. While counts two and three were not discussed in greater detail, count one was a DUI charge that resulted in bodily injury.
Judge Marlette gave Robinson a warning, saying that “if you’re ever on trial for driving under the influence of alcohol and somebody got killed, the jury will be advised that today, I’m telling you it’s a dangerous activity.”
Marlette continued, reminding the defendant that “if they found out at trial that you knew it was a dangerous activity and you did it anyway, that could be the basis for finding malice for a verdict of murder and for a sentence of life in prison.”
The defendant admitted to count one as well as count three. Count one was considered a felony, although other DUI cases in which another person is harmed are sometimes charged as misdemeanors. Count three was defined as a misdemeanor.
Robinson’s admissions allowed for Judge Marlette to find the defendant guilty of two charges.
However, before this hearing, “there was a negotiated disposition of 16 months in state prison,” a deal made between the Sacramento DA’s Office and the Public Defender’s Office. As long as Robinson admitted to counts one and three, count two would be dropped.
Judge Marlette earnestly stated that while Robinson was eligible for probation, Marlette was “not going to grant probation because of the facts and circumstances of this case.”
Having already served some time in jail, Robinson has “83 days credit and 82 days conduct credit for a total of 165 days credit” which will reduce his sentence to a little under 11 months in state prison.