People v. Ruiz CA4/1

Filed 8/31/22 P. v. Ruiz CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D079796

Plaintiff and Respondent,

v. (Super. Ct. No. SCE384510)

RENE RUIZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Roderick W. Shelton, Judge. Vacated and remanded. Anthony J. Dain, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Arlene A. Sevidal, Paige B. Hazard, and James H. Flaherty III, Deputy Attorneys General, for Plaintiff and Respondent.

Rene Ruiz appeals the judgment sentencing him to prison for 15 years to life for second degree murder and other convictions arising out of a car

accident during which he was driving under the influence of drugs. He seeks a remand for resentencing to seek the benefit of a post-sentencing statutory amendment that potentially would reduce his prison term. Ruiz also seeks correction of the abstract of judgment to designate one prison term as concurrent. We vacate the sentence and remand for resentencing on all counts. I. BACKGROUND Ruiz, B.W., and M.F. spent a night smoking methamphetamine and using other drugs at a hotel room until they were told to get out the following morning. They went to B.W.’s car in the hotel parking lot, where they used more drugs. Ruiz eventually drove the car away from the hotel with B.W. and M.F. as passengers. While driving on a freeway later that day, Ruiz lost control of the car, which hit the center divider and flipped over onto the other side of the freeway. Ruiz and B.W. exited the car and left the scene. B.W. suffered a concussion and was hospitalized for a day. M.F. died of blunt force trauma. Ruiz was arrested and heroin was found on his person. Tests of his blood revealed levels of methamphetamine that would have impaired his driving. A jury found Ruiz guilty of second degree murder of M.F. (count 1; Pen. Code, § 187, subd. (a); undesignated section references are to this code), gross vehicular manslaughter while intoxicated of M.F. (count 2; § 191.5, subd. (a)), driving under the influence of a drug proximately causing bodily injury to B.W. (count 3; Veh. Code, § 23153, subd. (f)), failure to stop after a vehicular accident involving death or serious injury (count 4; Veh. Code, § 20001, subd. (b)(2)), unlawful possession of a controlled substance (count 5; Health & Saf. Code, § 11350, subd. (a)), and driving with a suspended license (count 6; Veh.