People v. Segura CA2/6

Filed 6/15/16 P. v. Segura CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B262218 (Super. Ct. No. GA084275-01) Plaintiff and Respondent, (Los Angeles County)

v.

WILLIAM JOSE SEGURA,

Defendant and Appellant.

William Jose Segura appeals a judgment following conviction of second degree murder, gross vehicular manslaughter while intoxicated, and fleeing the scene of an accident, with specific findings of two prior convictions for driving under the influence, fleeing the scene of an accident, and infliction of great bodily injury. (Pen. Code, §§ 187, subd. (a), 189, 191.5, subds. (a) & (d); Veh. Code, §§ 20001, subds. (a) & (c), 23152, subd. (b); Pen. Code, § 12022.7, subd. (a).)1 We affirm. FACTUAL AND PROCEDURAL HISTORY On January 31, 2005, February 15, 2007, July 13, 2010, and March 16, 2012, Segura pleaded nolo contendere to driving with a blood alcohol content of 0.08 percent or higher, or reckless driving while intoxicated, pursuant to Vehicle Code sections 23152, subdivision (b) and 23103. Segura sometimes completed alcohol education programs that informed participants of the dangers and consequences of driving under the influence of

1 All further statutory references are to the Penal Code unless stated otherwise.

alcohol. The programs also warned that the death of another caused by a motorist driving under the influence of alcohol could result in a murder prosecution. In each of Segura's driving-under-the-influence prosecutions, the trial court informed and warned him that he could be charged with murder if he drove under the influence of alcohol and killed another person. Specifically, Segura's 2007 conviction arose from an accident where he crashed into a concrete freeway barrier and destroyed his vehicle. Alcohol breath test results revealed that he had a blood alcohol level of 0.21 percent. When detained, Segura was too intoxicated to complete a field sobriety test. In a 2011 alcohol education program that Segura attended, he acknowledged that there were "huge consequences, life-changing, with respect to his drinking." Fatal Collision In the evening of September 16, 2011, Segura patronized a restaurant in Arcadia, consuming food and, eventually, six to eight "tall beer[s]." During the evening, the restaurant bartenders informed Segura that they would not continue to serve alcoholic beverages to him if he intended to drive. When Segura responded that he would return home by taxi, the bartenders continued to serve him alcohol. Shortly after 9:00 p.m., Segura and several other patrons decided to visit the "100 and 1 Club." Segura stated, "I can drive." When a bartender informed Segura that he continued to receive alcoholic beverages because he stated that he would not drive, Segura responded, "Thank you, oh, my gosh." Edwin Miller, a reserve police officer, patronized the Arcadia restaurant that evening and saw Segura drinking alcohol. Miller also drove to the 100 and 1 Club and saw Segura park there and leave the driver's side of his vehicle. Later, Miller saw Segura inside the club restroom; Segura was intoxicated, steadied himself by holding a hand rail, and "stumbled" past Miller as he left. At approximately 11:00 p.m. that evening, Christopher Bright drove eastbound on Huntington Drive in Duarte. Segura drove a silver-colored Lexus sedan in front of Bright's vehicle. Segura drove erratically and slower than the speed limit. He