People v. Ybarra CA3

Filed 8/29/22 P. v. Ybarra CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C094583

Plaintiff and Respondent, (Super. Ct. No. 17FE007784)

v.

ARMANDO YBARRA, JR.,

Defendant and Appellant.

A jury found defendant Armando Ybarra guilty of gross vehicular manslaughter, driving under the influence of alcohol, and driving with a blood-alcohol level of 0.08 percent or greater. The trial court sentenced him to 15 years to life in state prison. Defendant appeals, arguing the prosecutor improperly commented on his decision to remain silent at trial. We find no prosecutorial misconduct and affirm.

1

FACTUAL AND PROCEDURAL BACKGROUND Defendant drove his Subaru over a raised center median and into the oncoming traffic lane. He collided head-on with a Hyundai. Both defendant and the driver of the Hyundai, Andre Arnold, were taken to a nearby hospital. A California Highway Patrol officer responded to the scene of the collision. Neither of the drivers were present when he arrived. The officer smelled alcohol and found an open container of an alcoholic beverage that was still cold to the touch in the Subaru. To continue his investigation, the officer went to the hospital to interview the drivers. At the time, he did not know who had driven which car. Based on the information provided by the hospital, the officer located defendant in the emergency room. Defendant told the officer that he was the driver of the Subaru. The officer asked defendant how his car had crossed the median, and defendant responded that he did not know what happened and that he just lost control of the car. Defendant also denied he had been drinking alcohol either before or after the collision. The officer measured defendant’s blood-alcohol level at 0.199 percent and placed him under arrest. Andre Arnold died approximately one month later from injuries sustained during the collision. A jury found defendant guilty of gross vehicular manslaughter, driving under the influence of an alcoholic beverage, and driving with a blood-alcohol level of 0.08 percent or greater. In a bifurcated proceeding, the trial court found true three prior conviction allegations. Defendant additionally pled no contest to four counts and admitted two prior convictions. The trial court sentenced defendant to an aggregate term of 15 years to life. Defendant timely appealed. DISCUSSION In his rebuttal closing argument, as discussed more fully below, the prosecutor commented that defendant was the only person “who knows” how the fatal collision occurred but did not explain “when he had the opportunity.” Defendant contends this