People v. Tapia CA3

BACKGROUND

Driving intoxicated at a speed of about 65 to 75 miles per hour in a 25-mile-per- hour zone, defendant ran a stop sign and hit a car in the intersection. Lyft driver Anthony Pena and passenger David Phillips were in the car defendant hit, and both were killed. Defendant got out of the car and fled but was apprehended by a police officer who saw the collision. Because defendant was under the age of 18 when he committed the crimes, the matter was certified to the juvenile court. The juvenile court found defendant unfit for proceedings there and transferred him to the adult court.

2 A jury acquitted defendant of second degree murder, but convicted him on two counts of gross vehicular manslaughter while intoxicated. (§ 191.5, subd. (a).) The jury also convicted defendant of hit-and-run resulting in death. (Veh. Code, § 20001, subd. (a).) The trial court sentenced defendant to 13 years in state prison, consisting of the upper term of 10 years for one count of gross vehicular manslaughter while intoxicated (§ 191.5, subd. (c)(1)), a consecutive two years (one-third the middle term) for the other count of gross vehicular manslaughter while intoxicated, and one year (one-…