Castorena

Rene Castoreña was convicted of gross vehicular manslaughter while intoxicated. On appeal he contends the court erred in finding he knowingly waived his Miranda rights, instructing the jury and sentencing him to the upper term.

I

After Castorena and several of his coworkers consumed four to five pitchers of beer over a period of several hours, Castorena drove to Edgar Hernandez’s house, where he drank four glasses of brandy with his friend Sergio. Deciding to go home, he tried to exit the house through a window, apparently mistaking it for the front door. Hernandez, concerned about Castorena’s level of intoxication, asked for his car keys. Sergio told Castorena he should not drive and offered to give him a ride. Castorena agreed initially and, giving his keys to Hernandez, walked to Sergio’s car. However, he returned to the house, explaining he needed to drive his sister-in-law to work early the next morning. After Hernandez returned his keys, Castorena left the house, only to return within a few minutes. He again changed his mind, took his keys and drove away.

Traveling 70 to 100 miles per hour, often on the wrong side of the road, Castorena ran several red lights.…