Perdomo

People v. Perdomo

Good Law
147 Cal. App. 4th 605·2007 Cal. App. LEXIS 164·2007 Daily Journal DAR 1795·53 Cal. Rptr. 3d 918·2007 Cal. Daily Op. Serv. 1392
Court of Appeal of CaliforniaFebruary 7, 2007B186098California5,441 words

Opinion

Opinion

Johnson, J.

Appellant Gerson Eliu Perdomo was involved in a single-car accident which resulted in the death of one of his passengers and very serious injuries to himself and to another passenger. A jury convicted appellant of felony vehicular manslaughter while intoxicated, of driving while under the influence of alcohol resulting in bodily injury to a person other than the driver, and of driving with a blood-alcohol level of .08 percent or greater resulting in bodily injury to a person other than the driver. He claims it was error of constitutional dimension to admit statements he made to officers who interrogated him in the intensive care unit of the hospital while he was recovering from surgery and heavily sedated with narcotic pain medications. He claims his statements were involuntary, not the product of his free will, and thus their admission violated his Fifth and Fourteenth Amendment rights to a fair trial. We find no error. Accordingly, we affirm.

FACTS AND PROCEEDINGS BELOW

Appellant, Marco Quinonez and Ismael Rodriguez all worked as security guards at Universal Studios. On Friday, August 22, 2003, the three men decided to go out to celebrate appellant’s 21st birthday.…

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