People v. Pantoja CA4/3

FACTS

Following a head-on crash between two vehicles, which killed one person and injured another, an amended information charged Pantoja with murder (Pen. Code, § 187, subd. (a)), driving under the influence of drugs causing bodily injury with one prior (Veh. Code, § 23153, subd. (f)), unlawful taking of a vehicle (Veh. Code, § 10851, subd. (a)), driving on a suspended or revoked license with a prior (Veh. Code, § 14601.2, subd. (a)), and possession

2 of controlled substance paraphernalia (Health & Saf. Code, § 11364, subd. (a)). It further alleged that as to the driving under the influence charge, Pantoja personally inflicted great bodily injury (Pen. Code, § 12022.7, subd. (a)), and he was previously convicted of a serious and violent felony that qualified as a strike (Pen. Code., §§ 667, subds. (d), (e)(1), 1170.12, subd. (b), (c)(1)). Evidence presented to a jury at trial revealed what transpired in the hours leading to the crash. Around 1:00 a.m., in the parking lot of a gambling establishment, a man wearing all black, a hat, and a face mask walked up to a parked vehicle which was not his. The man, later identified as Pantoja, opened the driver’s side door of the vehicle…