People v. Castaneda CA4/1

I. INTRODUCTION

Castaneda killed a man and seriously injured the man’s wife by driving the wrong way on a highway while under the influence of alcohol and drugs. She had a prior conviction for driving under the influence (DUI). A jury convicted Castaneda of second degree murder, driving under the combined influence of alcohol and drugs causing bodily injury, and driving with a suspended license. On appeal, Castaneda claims the trial court erred prejudicially by admitting statements she made in response to police questioning conducted in violation of Miranda v. Arizona (1966) 384 U.S. 436. She also claims the trial court erred by not instructing the jury on vehicular manslaughter and by not dismissing the great bodily injury enhancement attached to the DUI count. We find no error under Miranda or the trial court’s homicide instructions. However, the trial court applied the wrong legal standard in declining to dismiss the great bodily injury enhancement. We therefore vacate the sentence and remand for resentencing.

II. BACKGROUND

Two years before the events in this case, Castaneda pleaded guilty to driving under the influence of alcohol (Veh. Code, § 23152, subd. (b)). A court…