People v. Guzman-Pena CA2/3

INTRODUCTION

On the afternoon of April 19, 2015, defendant Javier Guzman-Pena was driving in an uninhabited area of Lancaster. He failed to stop at a stop sign and rear-ended a motorcycle, killing the cyclist. Guzman-Pena showed signs of intoxication at the scene, and subsequent tests established that his blood alcohol concentration at the time of the accident was approximately 0.16 percent, or more than twice the legal limit. A jury convicted Guzman-Pena of gross vehicular manslaughter and second degree murder. Guzman-Pena concedes the jury’s manslaughter conviction was appropriate but appeals the murder conviction, arguing there is no substantial evidence to support the jury’s implied malice finding. We agree and therefore reverse the murder conviction. We affirm the judgment in all other respects.

FACTS AND PROCEDURAL BACKGROUND

The accident occurred in an uninhabited area of Lancaster at the intersection of 90th Street and Avenue K (the intersection). The intersection is controlled by stop signs at all four corners, and the area surrounding the intersection is flat and unobstructed, allowing drivers to see for at least a mile in each direction. At approximately 2 p.m. on…