People v. Verdugo CA2/6

Facts and Procedural History Appellant entered a change of plea after the jury deadlocked in the first trial. It was stipulated that the trial court could consider the preliminary hearing transcript, the trial transcript, and the probation report as the factual basis for the plea. The prosecutor and appellant filed sentencing memos summarizing the following testimony in the first trial. (§ 1170, subd. (d).)

1 All statutory references are to the Penal Code unless otherwise stated. On October 5, 2011, appellant ran a red light in his 2011 Chevrolet Silverado truck and struck and killed Loida Torres who was driving northbound on Hamilton Boulevard in Pomona. Traveling eastbound on Second Street, appellant entered the intersection and struck Torres' Buick on the driver's side. The posted speed limit was 35 miles per hour and the road was slick from a light rain. Moments after the collision, a motorist (Matilda Diaz) saw appellant talking on a cell phone and walking in circles around his truck. Appellant said "fuck" repeatedly and did not try to render aid to the victim. Pomona Police Officer Michael Vandenberg investigated the traffic fatality and determined that appellant…