People v. Lopez CA2/6

Filed 8/24/20 P. v. Lopez CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B294244 (Super. Ct. No. 16F-03599) Plaintiff and Respondent, (San Luis Obispo County)

v.

GINO LOPEZ,

Defendant and Appellant.

Gino Lopez appeals from the judgment after a jury convicted him of gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a); count 2), driving under the influence (DUI) of alcohol and causing injury (Veh. Code,1 § 23153, subd. (a); count 3), driving with a 0.08 percent or more blood alcohol content (BAC) and causing injury (id. at subd. (b); count 4), leaving the scene of an accident (§ 20001, subd. (a); count 5), and driving with a suspended or revoked license (§

1 Further unspecified statutory references are to the Vehicle Code.

14601.1, subd. (a); count 6).2 The jury found true the allegations that Lopez fled the scene of the crime (§ 20001, subd. (a); count 2 enhancement); and that he caused great bodily injury and injury to more than one person (§§ 12022.7, subd. (a), 23558; counts 3 and 4 enhancements). The trial court sentenced him to 13 years eight months in state prison (consecutive sentences of six years for count 2 and five years for the section 20001, subdivision (c) enhancement; eight months for count 3 and one year for the Penal Code section 12022.7, subdivision (a) enhancement and four months for the section 23558 enhancement; and eight months for count 5; and concurrent sentences of eight months for count 4 and one year for both enhancements). Lopez contends (1) his conviction for count 2 must be reversed because his admission was taken in violation of Miranda3 and (2) the sentence for count 5 must be stayed pursuant to Penal Code section 654. We modify the judgment to stay the sentence for count 5, but otherwise affirm. FACTS AND PROCEDURAL HISTORY In April 2016, although Lopez’s driver’s license was suspended from a prior DUI conviction, he decided to drive from Wasco to the coast with three other people. Lopez first drove to Henry Aguilar’s house, and together they went to a store and bought beer. They then drove to another house to pick up B.A. and E.R. They all drank beer during the drive. Lopez stopped in Paso Robles, and they purchased more beer. At this point, Lopez had consumed about four beers.