People v. Lozano CA2/1

Filed 11/20/13 P. v. Lozano CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B244012

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA384481) v.

ALFONSO DURAN LOZANO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Henry J. Hall, Judge. Affirmed. Edward H. Schulman, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Linda C. Johnson, Supervising Deputy Attorney General, and Theresa A. Patterson, Deputy Attorney General, for Plaintiff and Respondent. ______________________________

Alfonso Duran Lozano appeals his conviction, after a jury trial, of second degree murder and gross vehicular manslaughter while intoxicated. We affirm. BACKGROUND An amended information filed August 21, 2012, charged Lozano with the murder of Michael Garcia in violation of Penal Code section 187, subdivision (a)1 (count 1), and gross vehicular manslaughter while intoxicated in violation of section 191.5, subdivision (a) (count 2). Regarding count 2, the information alleged that Lozano had three prior convictions within the meaning of section 191.5, subdivision (d). Lozano pleaded not guilty and denied the allegations. A jury found Lozano guilty on both counts. The court sentenced Lozano to 15 years to life on count 1, and 10 years on count 2, with the latter sentence stayed under section 654. No finding was made on the alleged prior convictions. Lozano was ordered to pay fines and fees as well as victim restitution, and received custody credits. He filed this timely appeal. At trial, Trynett Walker, a supervisor for the Metropolitan Transit Authority, testified that at 4:00 a.m. on May 12, 2011 she was driving a white MTA vehicle eastbound on 6th Street in downtown Los Angeles, approaching the intersection with Hill Street. Sixth Street was one-way eastbound, and she was in the third lane from the left; the light on Hill Street was green. Walker looked to her right and noticed a SUV driving northbound on Hill Street at a high rate of speed without slowing down. Walker slowed down and was able to stop completely before fully entering the intersection; she still had the green light. The SUV continued going north, and a motorcycle on Walker’s left side and driving at about the same speed continued into the intersection. The SUV hit the motorcycle, which struck a fire hydrant and then hit a pillar, going halfway up the pillar and exploding. Walker stayed in her vehicle and called for an ambulance. Los Angeles Police Department (LAPD) Sergeant Guillermo Urrutia testified that he was on his way to work at 4:00 a.m. on May 12, 2011, also driving eastbound on 6th