People v. Ruiz CA4/1

I.

BACKGROUND

Ruiz, B.W., and M.F. spent a night smoking methamphetamine and using other drugs at a hotel room until they were told to get out the following morning. They went to B.W.’s car in the hotel parking lot, where they used more drugs. Ruiz eventually drove the car away from the hotel with B.W. and M.F. as passengers. While driving on a freeway later that day, Ruiz lost control of the car, which hit the center divider and flipped over onto the other side of the freeway. Ruiz and B.W. exited the car and left the scene. B.W. suffered a concussion and was hospitalized for a day. M.F. died of blunt force trauma. Ruiz was arrested and heroin was found on his person. Tests of his blood revealed levels of methamphetamine that would have impaired his driving. A jury found Ruiz guilty of second degree murder of M.F. (count 1; Pen. Code, § 187, subd. (a); undesignated section references are to this code), gross vehicular manslaughter while intoxicated of M.F. (count 2; § 191.5, subd. (a)), driving under the influence of a drug proximately causing bodily injury to B.W. (count 3; Veh. Code, § 23153, subd. (f)), failure to stop after a vehicular accident involving death or serious…