People v. Morales CA2/6

Filed 6/15/22 P. v. Morales 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B310914 (Super. Ct. No. 19F-00370) Plaintiff and Respondent, (San Luis Obispo County)

v.

EDGAR SAUL ROJAS MORALES,

Defendant and Appellant.

A jury convicted appellant Edgar Saul Rojas Morales of gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)) and found true special allegations he caused bodily injury to more than one victim (Veh. Code, § 23558) and had two prior drunk driving convictions (Pen. Code, § 191.5, subd. (d)). The jury also convicted him of driving under the influence and causing injury to a second victim (Veh. Code, § 23153, subd. (a)); driving with a blood alcohol level of at least .08 percent and causing injury, again to the second victim (id., § 23153, subd. (b)); and driving with a suspended license (id.,

§ 14601.2, subd. (a)). The trial court sentenced Morales to 15 years to life in prison. Morales contends the trial court erred by: (1) admitting statements he made to officers after waiving his Miranda1 rights; (2) restricting defense counsel’s closing argument about the effects of Morales’s prior brain injury; (3) convicting him of crimes that were lesser included offenses of his vehicular manslaughter conviction; and (4) calculating his presentence custody and conduct credits incorrectly. We reverse judgment as to the presentence credits but otherwise affirm. FACTUAL BACKGROUND Maricela Marquez and her mother Maria Medina were driving home from a quinceañera on the night of December 1, 2018, when appellant's car crossed into their lane and collided head on with Marquez’s SUV. Medina suffered catastrophic blunt force injuries when her passenger-side airbag failed to deploy. She died shortly after paramedics arrived. Marquez’s airbag deployed and she escaped with minor injuries. First responders found Morales in the other car semi- conscious and smelling of alcohol. They transported him to Marion Regional Medical Center (MRMC) where surgeons repaired fractures of the hip, tibia, and sternum. They noted a prior head injury in his medical records and ran a CT scan. This revealed a small subarachnoid hemorrhage, but surgeons refrained from operating on his brain when no further bleeding