People v. Roldan, 197 Cal. App. 4th 920

Defendant Marlon Roldan drove intoxicated on December 15, 2008, veered into opposing traffic, and collided with Melena’s SUV, causing Melena’s serious injuries and Lionel’s death; defendant’s BAC was 0.17% about three hours after the crash.
Officer Trovato searched defendant’s hospital belongings and van for proof of insurance but found none.
Defendant had a 2003 DUI conviction and a prior failure-to-provide-proof-of-financial-responsibility conviction; he completed an alcohol education program; language barriers and notices allegedly affected his awareness.
Defendant testified his license had been suspended since 2006 for child support and that notices were sent but he did not receive them; he claimed not to carry insurance proof in the van.
Jury convicted on counts including second-degree murder, gross vehicular manslaughter while intoxicated, DUI causing injury, BAC 0.08%, driving with a suspended license, and failing to provide evidence of financial responsibility, with a great bodily injury finding against Melena.
Appellate court modified the judgment by reversing count 6, reducing two five-year great bodily injury enhancements to three years, and directing amendment of the abstract of judgment to reflect the deletions and reductions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether count 6 lacked a valid demand for evidence of financial responsibility	Roldan	Roldan	Count 6 reversed for insufficiency
Whether great bodily injury enhancements were improperly applied	People	Roldan	Enhancements reduced to three years
Whether the abstract of judgment required correction and count 6 should be omitted	People	Roldan	Abstract corrected; count 6 omitted

People v. Augborne, 104 Cal.App.4th 362 (Cal.App.4th 2002) (standard for 1118.1 sufficiency review)
People v. Smith, 64 Cal.App.4th 1458 (Cal.App.4th 1998) (sufficiency of evidence for acquittal under 1118.1)
People v. Ceja, 4 Cal.4th 1134 (Cal.4th 1993) (substantial evidence standard for appellate review)