Ferrara

This is an appeal from a judgment of conviction on two counts of felony drunk driving. Appellant was driving under the influence of alcohol when he became involved in a two-car collision at an intersection which resulted in the death of the other driver. The primary issue is whether the trial court’s finding the People failed to prove appellant ran the red light when he entered the intersection eliminated one of the essential elements required for a felony drunk driving conviction. We rule it did and, accordingly, reverse.

Facts and Proceedings Below

In the early evening of October 15, 1984, appellant Robert Ferrara had gone to a local Los Angeles bar for a couple of drinks. Just before 2 a.m. on the following morning, October 16, 1984, he left the bar and headed home by driving eastbound on Santa Monica Blvd.

At about 2 a.m., the victim, Vincent Ashton, and his passenger, Mary Richter, were proceeding northbound on La Brea in Ashton’s vehicle when they collided with appellant’s vehicle. Richter did not see the accident happen because she was searching for something in her purse at the time. She only recalls the force of the impact and then being helped from Ash-ton’s…