People v. Flores CA4/1

INTRODUCTION

Melanie R. Flores pleaded guilty to second degree murder (Pen. Code, § 187,

subd. (a); count 1),1 gross vehicular manslaughter while intoxicated (§ 191.5, subd. (a);

count 2), driving under the influence of alcohol causing injury (Veh. Code, § 23153,

subd. (a); count 3), and driving with a blood alcohol concentration of 0.08 percent or

more causing injury (Veh. Code, § 23153, subd. (b); count 4). As to count 2, Flores

admitted she personally inflicted great bodily injury (§ 1192.7, subd. (c)(8)). As to

counts 3 and 4, Flores admitted she was previously convicted of driving under the

influence within the last 10 years (Veh. Code, § 23540), she personally inflicted great

bodily injury upon two victims (§ 12022.7, subd. (a)), she proximately caused bodily

injury to more than one victim (Veh. Code, § 23558), and she had a blood alcohol

concentration of 0.15 percent or more (Veh. Code, § 23578). The trial court subsequently

sentenced her to an indeterminate prison term of 15 years to life and a consecutive

determinate prison term of six years.

Flores appeals, contending we must reverse her conviction because the court

abused its discretion when it denied her…