People v. Garza CA5

INTRODUCTION

Appellant Albert Flores Garza was convicted of driving while under the influence of alcohol four times during the period of 1994 to 2006. On January 17, 2011, he drove while intoxicated again. Appellant was traveling more than 75 miles per hour in a SUV when he failed to yield at a stop sign and struck a pickup truck. The truck’s driver and a passenger in the SUV were fatally injured. Appellant was convicted after jury trial of two counts of second degree murder, two counts of gross vehicular manslaughter and driving with a suspended or revoked driver’s license. (Pen. Code,1 §§ 187, subd. (a), 191.5, subd. (a); Veh. Code, § 14601.4, subd. (a).) Enhancement allegations that appellant suffered prior convictions for driving while intoxicated and served a prior prison term were found true.2 (§§ 191.5, subd. (d), 667.5, subd. (b).) Appellant was sentenced to two consecutive indeterminate terms of 15- years-to-life imprisonment plus a one year determinate term. Appellant contends that the trial court prejudicially erred by: (1) excluding certain testimony during the hearing on a suppression motion; (2) denying the suppression motion; and (3) failing to give CALCRIM No. 626…