People v. Higueros CA2/8

FACTS

On February 16, 2013, Higueros crashed his car killing Joseph Contreraz, Jr., a passenger. Accident investigation by the California Highway Patrol (CHP) estimated the speed at the time of crash at approximately 91.5 to 117.9 miles per hour. Higueros lost control of his car after driving into a dirt center median on the 14 Freeway. His blood-alcohol content was 0.154 about two and one-half hours after the crash (breathalizer test2 at the hospital) and 0.14 about three hours after the crash (blood test). In June 2013, the People charged Higueros with murder (count 1; § 187, subd. (a)) and gross vehicular manslaughter while intoxicated (count 2; § 191.5, subd. (a)). Jury trial began in late September 2013. At trial, a criminalist called by the prosecution opined Higueros’s blood-alcohol content at the time of the crash was around 0.20. Multiple empty beer cans were recovered at the scene of the crash. Higueros testified. He denied drinking any of the empty beer cans found at the crash site. Instead, he claimed the beer belonged to Contreraz and that only Contreraz drank in the car. The trial court instructed the jury on the two offenses. On count 2, the jury was also…