People v. Martinez CA2/8

FACTS AND PROCEDURE

It was undisputed that on August 1, 2011, Martinez took Lionel Gudino’s Infinity G27 without his permission and drove for an hour or two. Shortly after she sped up to 130 miles per hour, she collided with a Nissan Maxima driven by Miguel Herrera as Herrera was turning left into a business establishment.1 Herrera’s passenger, Desiree Grajeda, was 21 weeks pregnant. The speed limit at the site of the collision was 35 miles per hour. Officer Daniel Gomez arrived at the scene shortly after the collision and observed Herrera “crushed. . . . [H]is eyes were open, his tongue was sticking out, and the flames were actually on him and he wasn’t screaming.” The Maxima broke into two pieces and exploded. Seventy-five percent of Herrera’s body was burnt; and he suffered injuries to numerous organs, and fractures to his skull, spinal cord, and a rib. Eighty percent of Grajeda’s body was burnt; and she suffered numerous injuries including injuries to her liver, lung, spleen and aorta. Grajeda’s fetus suffered a liver injury and died of traumatic fetal demise. Immediately after the collision, defendant fled. Officer Angela Torres spotted her attempting to jump over a wall.…