People v. Maughs CA3

Filed 7/8/24 P. v. Maughs CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(Shasta) ----

THE PEOPLE, C097228

Plaintiff and Respondent, (Super. Ct. No. 21F5550)

v.

ROBERT CHRISTOPHER MAUGHS,

Defendant and Appellant.

In 2016, defendant Robert Christopher Maughs drove under the influence of methamphetamine and crashed his car, seriously injuring his passenger. He was sentenced to five years in state prison. Shortly after his release, in 2020, Maughs drove under the influence of methamphetamine and crashed his car again—but this time, his passenger died. A jury found him guilty of second degree murder and driving under the influence causing injury with a prior conviction. On appeal, Maughs contends that the trial court prejudicially erred by instructing the jury that the charged murder offense was a general intent crime. We conclude that the trial court’s erroneous instruction was harmless beyond a reasonable doubt and therefore affirm.

1

BACKGROUND I. In the very early morning on March 25, 2016, Maughs was under the influence of methamphetamine and driving at speeds of about 100 miles per hour. His car struck a bridge railing, flew over 100 feet, landed on a creek bank, and rolled over. Maughs emerged from the car, but a passenger was pinned inside and suffered severe injuries. Maughs pleaded no contest to driving under the influence causing bodily injury. One of the admonitions on the change-of-plea form said: “I understand that being under the influence of alcohol and/or drugs impairs my ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol and/or drugs. If I continue to drive under the influence of alcohol and/or drugs, and as a result of my driving someone is killed, I can be charged with murder.” Maughs initialed the admonition and signed the form. The trial court sentenced him to five years in prison. Maughs was released on August 30, 2020, and placed on parole. The terms of his parole required him to abstain from using controlled substances without a prescription. II. Approximately three months after his release, in December 2020, Maughs again drove while under the influence of methamphetamine and again crashed his car. This time his passenger died. The prosecution charged Maughs with second degree murder (Pen. Code, § 187, subd. (a)) and driving under the influence causing injury with a prior conviction (Veh. Code, §§ 23153, subd. (a), 23560).1 With respect to the driving under the influence count, the prosecution alleged that Maughs caused death or bodily injury to two victims.