People v. Perez CA4/3

INTRODUCTION

While intoxicated, Angel Alberto Cruz Perez ran a stop sign and drove his Toyota 4-Runner into Yesenia Romero and her two young children, Darwin and Gloria. Darwin died at the scene. Perez fled from it. A jury convicted Perez, as charged, of vehicular manslaughter with gross negligence while intoxicated (Pen. Code, § 191.5, subd. (a)) and of four other counts, and found true allegations that he proximately caused bodily injury or death to more than one victim (Veh. Code, § 23558) and that he fled the 1 scene (Veh. Code, § 20001, subd. (c)). The trial court sentenced Perez to a total of 16 2 years in prison. We affirm. We conclude (1) the trial court did not err or violate Perez’s constitutional rights by receiving in evidence statements made by Perez during a field sobriety test conducted without warnings pursuant to Miranda v. Arizona (1966) 384 U.S. 436 (Miranda), and any error was harmless; (2) Perez’s trial counsel was not ineffective by failing to object to admission of Perez’s statements made during a jailhouse police interview after a Miranda warning was given; (3) Perez’s trial counsel was not ineffective by failing to object to certain hearsay statements…