People v. Corona CA2/8

Filed 7/27/15 P. v. Corona CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B255323

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA126545) v.

JOSE R. CORONA,

Defendant and Appellant.

APPEAL from the judgment of the Superior Court of Los Angeles County. Laura R. Walton, Judge. Affirmed.

Thomas T. Ono, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Victoria B. Wilson and Carl N. Henry, Deputy Attorneys General, for Plaintiff and Respondent.

**********

While driving on a suspended license and with a blood alcohol content almost twice the legal limit, defendant and appellant Jose R. Corona collided with a motorcyclist near the center median of the 105 Freeway. The motorcyclist died. Immediately after the accident, defendant reversed back into traffic and left the scene, sometimes driving at high rates of speed, while weaving back and forth across multiple lanes of traffic. About five miles from the scene of the accident, defendant stopped his car on the center shoulder of the freeway, partially blocking the carpool lane. When law enforcement arrived, defendant was slumped over the steering wheel. During field sobriety tests, defendant said several times that he was “f--ked up.” Defendant appeals from the jury verdict finding him guilty of second degree murder, gross vehicular manslaughter while intoxicated, leaving the scene of an accident and driving on a suspended license. He claims there was insufficient evidence of causation on all counts, except driving on a suspended license, and insufficient evidence of implied malice to support second degree murder. We affirm. FACTUAL AND PROCEDURAL BACKGROUND On January 9, 2013, at approximately 10:30 p.m., Kimelle Richard was driving westbound in the number one lane of the 105 Freeway at about 70 miles per hour. A motorcyclist passed in the carpool lane to her left. At about the same time, the car directly in front of her braked suddenly. Ms. Richard saw a white van ahead of that car veer slightly to the right, and then swerve “sharp[ly]” to the left into the carpool lane and the center divider, at which point the motorcyclist in the carpool lane ran into the side of the van. From Ms. Richard’s vantage point, it did not appear the motorcyclist had any way to avoid colliding with the van. Ms. Richard was able to veer to the right away from the collision, and pulled over onto the right shoulder. She saw the van reverse into the number one lane and drive off quickly. Ms. Richard got off the freeway and called 911. Brandon Patin was also on the freeway that evening, having just finished his shift as a Los Angeles County deputy sheriff. Deputy Patin was in his personal car and was