Garcia

By information filed in Merced County Superior Court on December 28, 1993, appellant, Antonio Morales Garcia, was charged with the following offenses: (1) the murder of Maria Prado, in violation of Penal Code section 187; (2) gross vehicular manslaughter while intoxicated in violation of Penal Code section 191.5; (3) driving while under the influence of alcohol or drugs resulting in injury in violation of Vehicle Code section 23153, subdivision (a); (4) driving with a blood-alcohol level of .08 percent or more resulting in injury in violation of Vehicle Code section 23153, subdivision (b); (5) driving with a suspended or revoked license in violation of Vehicle Code section 14601.2, subdivision (a); (6) and hit-and-run driving in violation of Vehicle Code section 20002, subdivision (a). It was further alleged that, within the last seven years, appellant had suffered a prior conviction for driving with a blood-alcohol level of .08 percent, or more.

Appellant was arraigned on December 29, 1993, entered pleas of not guilty to all charges, and denied the prior conviction allegation. In response to a pretrial motion made by the defense, counts 3 through 5 were dismissed.

On…