People v. Milonis CA4/1

Filed 12/16/20 P. v. Milonis CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D076481

Plaintiff and Respondent,

v. (Super. Ct. No. SCE370896)

ANDREW DORIAN MILONIS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, John M. Thompson, Judge. Affirmed.

Daniel J. Kessler, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent. An October 2017 consolidated complaint charged defendant Andrew Dorian Milonis with 13 counts. Counts 1-10, including two murder counts, stemmed from a driving under the influence collision that occurred on May 14, 2017. Counts 11-13 related to a separate driving under the influence incident that occurred on November 6, 2016. After defendant was found

competent to stand trial, the court severed the counts from the May 2017 collision from those of the November 2016 incident, and trial proceeded only on the May 2017 incident. During defendant’s July 2019 jury trial, the prosecutor amended the information as follows to clarify and renumber the counts from the May 2017 collision:

Counts 1 & 2, murder (Pen. Code,1 section 187, subd. (a)); Count 3, gross vehicular manslaughter (§ 191.5, subd. (a)). Count 3 included enhancement allegations that defendant fled the scene of an accident (Veh. Code, § 20001, subd. (c)); that he proximately caused great bodily injury or death to more than one person (id., § 23558); and that he personally inflicted great bodily injury or death (§ 1192.7, subd. (c)(8)); Count 4, driving at an unreasonable speed while under the influence of alcohol and thereby causing bodily injury to another person (Veh. Code, § 23153, subd. (a)). Count 4 included enhancement allegations that defendant’s actions proximately caused great bodily injury to other people (§ 1192.7, subd. (c)(8) & Veh. Code, § 23558), and that he personally inflicted great bodily injury upon two people (§ 12022.7, subd. (a)); Count 5, driving at an unreasonable speed with a measurable amount of alcohol in his bloodstream (Veh. Code, § 23153, subd. (b)). Count 5 included enhancement allegations that defendant’s actions proximately caused great bodily injury to other people (§ 1192.7, subd. (c)(8) & Veh. Code, § 23558); and that defendant personally inflicted great bodily injury upon two people (§ 12022.7, subd. (a));