Contreras

People v. Contreras

Good Law
1994 Cal. App. LEXIS 718·26 Cal. App. 4th 944·31 Cal. Rptr. 2d 757·94 Daily Journal DAR 9806·94 Cal. Daily Op. Serv. 5376
Court of Appeal of CaliforniaJuly 12, 1994B067180California4,214 words

Opinion

Opinion

Klein, J.

— Defendant and appellant Heriberto Contreras appeals the judgment entered following his conviction by jury of second degree murder. (Pen. Code, § 187.) Contreras also pleaded guilty to a violation of Vehicle Code section 14601, subdivision (a), and admitted two prior convictions for violations of the same section within five years of the instant offense. The trial court sentenced Contreras to a term of 15 years to life in state prison.

Because the circumstances of this case support the jury’s finding Contreras harbored implied malice when he caused a fatal traffic collision, and none of the remaining contentions raised by Contreras warrants reversal, the judgment is affirmed.

Factual and Procedural Background

A child died as a result of injuries sustained in a traffic collision on February 10, 1991. The collision occurred when a tow truck driven by Contreras rear-ended the vehicle in which the child was a passenger.

The People presented evidence establishing a pattern of reckless driving by bandit tow truck drivers in general and by Contreras in particular. Contreras had received numerous citations for traffic violations, had been arrested for reckless driving, had a…

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