People v. Torres CA5

INTRODUCTION

Defendant Hector Jose Torres was driving while under the influence of alcohol when he made an unsafe and illegal U-turn in front of a vehicle driven by Faqir Singh Kang (Singh), causing a motor vehicle accident. Singh initially appeared fine, but after arriving at the hospital he suddenly stopped breathing and was unable to be resuscitated. A jury convicted defendant of second degree murder (Pen. Code, § 187, subd. (a); count 1), felony driving under the influence (Veh. Code, § 23152, subd. (a); count 2), and felony driving with a blood-alcohol content of 0.08 percent or higher (Veh. Code, § 23152, subd. (b); count 3). The jury also found true allegations defendant suffered three prior convictions related to driving under the influence within 10 years of the charged offense (Veh. Code, § 23550).1 The trial court imposed a 15-years-to-life term for count 1 and a concurrent term of two years for count 2; a term of two years was imposed and stayed for count 3. Defendant filed a timely appeal. On appeal, defendant first argues the trial court prejudicially erred when it instructed the jury on negligence of medical staff under CALCRIM No. 620. Defendant next contends the…