People v. Spears CA3

BACKGROUND

A witness was driving southbound on Highway 99 in Lodi when a car driven by defendant passed him, wobbled within the lane, and suddenly veered off the road and into a tree. The witness stopped and helped defendant out of the car. Defendant was in pain and used the witness’s cell phone to make a call. The witness saw someone in the front passenger seat who appeared to be deceased. California Highway Patrol Officer Jesse Apolonio arrived at the scene of the accident soon after it happened. Defendant was lying on the asphalt, yelling in pain. The passenger, Austin Zachocki, was deceased. Defendant was transported to the hospital by ambulance. Officer Apolonio viewed surveillance video from a local business, and it appeared defendant’s car was traveling about 75 to 80 miles per hour when it veered off the road. Blood drawn from defendant at the hospital tested positive for methamphetamine, amphetamine, midazolam, and marijuana metabolites. An information charged defendant with gross vehicular manslaughter while intoxicated (§ 191.5, subd. (a)—count 1) and driving under the influence causing bodily injury (Veh. Code, § 23153, subd. (f)—count 2). The information also alleged…