People v. Sucaldito CA4/1

Filed 1/8/24 P. v. Sucaldito CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D080824

Plaintiff and Respondent,

v. (Super. Ct. No. SCE406276)

ARMANDO PIDOT SUCALDITO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Herbert J. Exarhos, Judge. Affirmed. Gary V. Crooks, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters and Charles C. Ragland, Assistant Attorneys General, Arlene A. Sevidal and Randall D. Einhorn, Deputy Attorneys General for Plaintiff and Respondent. A jury convicted Armando Pidot Sucaldito of gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a); count 1), driving under the influence of drugs causing injury (Veh. Code, § 23152, subd. (f); count 2), and driving with a suspended driver’s license (Veh. Code,

§ 14601.1, subd. (a); count 3). It found true allegations that he personally inflicted great bodily injury (Pen. Code, §§ 1192.7, subd. (c)(8), 12022.7, subd. (a)). The court sentenced Sucaldito to four years in prison: the lower term of four years for count 1, and a concurrent six-month term for count 3. It dismissed count 2. Sucaldito’s sole contention is that there was insufficient evidence that he caused the death of the victim to support his count 1 conviction. We affirm. FACTUAL AND PROCEDURAL BACKGROUND A. Prosecution Evidence On September 23, 2020, at about 6:50 a.m., a motorist was driving westbound on Paradise Valley Road in San Diego County when a vehicle going in the same direction passed her on the left. Immediately afterwards, the motorist saw that vehicle going down a hill off the road. She immediately called 911. At about 6:53 a.m., a California Highway Patrol officer was notified of the crash and arrived at the scene about one minute later. He saw a fence knocked down and a crashed vehicle at the bottom of a steep embankment. He went down the embankment and spoke to the driver, Sucaldito, who seemed distraught was outside the car and repeatedly said that his girlfriend, Luzviminda Marzan, was in the back seat of the car. The officer did not see anyone in the car. Sucaldito repeatedly said she was sleeping in the back seat, and she was not wearing a seat belt. The officer saw that Sucaldito’s vehicle’s windshield was shattered and had a large hole that was consistent with a person being ejected from it. He located Marzan’s body