People v. Roque CA5

INTRODUCTION

Defendant Samantha Roque was convicted by jury of one count of gross vehicular manslaughter while intoxicated, in violation of Penal Code section 191.5, subdivision (a).1 She was sentenced to the middle term of six years (§ 191.5, subd. (c)(1)) and was ordered to pay $7,500 in restitution to the California Victim Compensation Board; a $300 restitution fine under section 1202.4, subdivision (b)(1); a parole revocation restitution fine of $300 under section 1202.45, subdivision (a), suspended; a $40 court operations assessment under section 1465.8, subdivision (a)(1); and a $30 court facilities fee under Government Code section 70373, subdivision (a)(1). Defendant claims there was no substantial evidence to support the jury’s finding of gross negligence; that the trial court erroneously precluded evidence related to the victim’s failure to use a seatbelt; that the trial court improperly denied probation and abused its discretion in sentencing defendant to the middle term; and that the trial court violated defendant’s constitutional rights by failing to conduct an ability-to-pay hearing with respect to the $370 of fines and fees imposed. For the reasons set forth below,…