People v. Torrez CA4/1

INTRODUCTION

A jury convicted Michael David Torrez of second degree murder (Pen. Code, § 187, subd. (a)), after he drove his truck while under the influence of alcohol and caused an automobile accident that took the life of another

motorist on the road.1 The trial court sentenced Torrez to prison for an indeterminate term of 15 years to life. On appeal from the judgment of conviction, Torrez contends the trial court erred by failing to instruct the jury, over the objection of the prosecution, on the crime of gross vehicular manslaughter while intoxicated (§ 191.5, subd. (a)). We reject this argument and affirm the judgment. II

BACKGROUND

One evening, Torrez drove his Ford F-150 truck westbound on Ramon Road in Palm Springs. Torrez drove at a speed of at least 55 miles per hour in a driving zone with a speed limit of 45 miles per hour. On the west side of the intersection of Ramon Road and El Cielo Road, Ramon Road narrows from a three-lane street to a two-lane street. Torrez ran a red light at the intersection while driving in the number three lane, closest to the curb. As Ramon Road narrowed to a two-lane street, Torrez rearended the right passenger-side of a Nissan Versa…