People v. Romero CA4/1

Filed 11/24/20 P. v. Romero CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D077813

Plaintiff and Respondent,

v. (Super. Ct. No. SCN288104)

WILLIAM ROMERO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Michael K. Kirkman, Judge. Affirmed.

Thomas Owen, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent. BACKGROUND Briefly, on Easter Day in 2010, defendant William Romero went to a party at the home of his ex-wife. He was already intoxicated. He drank tequila and beer. He made a comment that if he drove that night, “someone was going to die.” He became loud and belligerent. Defendant later drove and while driving southbound on I-5 at approximately 100 miles an hour, he

crashed into a Ford Explorer, killing Oscar Lopez Sr. and seriously wounding Oscar Lopez Jr. when both were thrown from the Explorer. Two other persons in the Explorer did not sustain injuries requiring treatment. Defendant fled the scene. He was later spotted by officers walking along the freeway and then found lying in brush on a trail toward the beach. Tests reflected that at the time of the crash defendant’s blood alcohol level was

between .125 and .145 percent.1

Defendant was found guilty of second degree murder (Penal Code2 § 187, subd. (a); count 1); gross vehicular manslaughter (§ 191.5, subd. (a); count 2); driving under the influence causing injury (Veh. Code, § 23153, subd. (a); count 4); driving with a blood alcohol level of .08 or higher causing injury (Veh. Code, § 23153, subd. (b); count 5); and hit and run with death or permanent serious injury (Veh. Code, § 20001, subd. (b)(2); count 6). As to count 2, the jury also found true the allegation defendant fled the scene of the crime after committing the offense (Veh. Code, § 20001, subd. (c)). On counts 4 and 5, the jury found true that defendant caused great bodily injury to Oscar Lopez, Sr. (§ 12022.7, subd. (a)). Defendant was sentenced to a total of 15 years to life in prison for the murder plus one year, consecutive, for a prior prison term conviction (§ 667.5, subd. (b)) that the court had found true.