SAN DIEGO DUI DEFENSE LAWYER NEWS: DUI MURDER CASE UPHELD BY COURT OF APPEAL
In this case, the Defendat was convicted by jury trial of second degree murder (PC §187), failing to stop at the scene of an injury accident (VC §20001(a), (b)(1)), failing to stop at the scene of an accident resulting in property damage (VC §20002(a)), reckless driving causing great bodily injury with a prior conviction (VC §23104(b)), driving with a suspended license (VC §14601.2(a)) and being under the influence of a controlled substance (H&S Code §11550(a)).
The trial court committed him to state prison for a term of 15 years to life for the murder count consecutive to a three-year upper term for the VC §20001 count.
On appeal, the Defendant contended that (1) the trial court prejudicially erred in refusing to modify the implied malice instruction upon his request, (2) his trial counsel was prejudicially deficient in failing to request modification of the voluntary intoxication instruction, (3) the trial court prejudicially erred in excluding evidence of def.’s good character, and (4) the imposition of an upper term violated def.’s right to a jury trial on any aggravating circumstance.
In a petition for a writ of habeas corpus, the Defendant repeated his claim that his trial counsel was prejudicially deficient in failing to request modification of the voluntary intoxication instruction.
The Court of Appeal concluded that the trial court did not make any prejudicial instructional or evidentiary errors, the Defendant's trial counsel was not prejudicially deficient, and the trial court did not violate the Defendant's constitutional rights in imposing the upper term.
The Defendant was convicted of “driving impaired” in October 1989 and again in December 1990. In 1991, def. completed “driving while impaired classes.” Defendant also completed traffic school three times. He attended an eight-hour “live class” in March 1998 and again in January 2001, and took an “on-line course” in January 2003. These classes covered the issue of impairment as a result of using drugs and driving and “conveyed” the message that driving under the influence of drugs was dangerous.
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