People v. Torres CA5
F081272
Cal. Ct. App.May 23, 2022Background
- At ~10:30 p.m. Torres (driving under the influence; BAC ~0.14) made an illegal U-turn and collided with Singh’s vehicle.
- Singh (79) appeared ambulatory and stable at the scene and on hospital arrival, but collapsed at the hospital and died; autopsy attributed death to chest and abdominal blunt-force trauma and internal bleeding from the crash.
- Torres was convicted by jury of second-degree murder (Pen. Code §187(a)) and two felony DUI counts (Veh. Code §§23152(a), (b)); three prior DUI convictions were found true; trial court sentenced 15 years-to-life on murder and imposed and ran concurrently a 2-year term on one DUI count (another DUI stayed).
- On appeal Torres challenged (1) the trial court’s inclusion of the optional medical‑negligence language in CALCRIM No. 620 and (2) imposition of punishment on both murder and DUI in light of Penal Code §654; People conceded the §654 error and agreed relief under Assembly Bill 518 applied.
- The Court of Appeal held the medical‑negligence portion of CALCRIM No. 620 was unsupported by evidence and thus erroneous but harmless; it also held §654 required a stay of punishment on the DUI count and remanded so the trial court may exercise its discretion under the amended §654.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of medical‑negligence instruction (CALCRIM No. 620) | Instruction appropriate because jury could consider whether CPR/medical care contributed to death | Instruction unsupported — no evidence of grossly improper medical treatment; would confuse jury and undermine defense causation theory (heart attack) | Instructional inclusion of medical‑negligence language was error (no evidence of improper care) but harmless under People v. Watson; conviction affirmed |
| Double punishment under Penal Code §654 | People conceded the DUI sentence should have been stayed and agreed remand is appropriate so court can decide under amended §654 | Sentence on both murder and DUI violates §654; remand requested to allow court to exercise new discretion under AB 518 | Court agreed: §654 bars punishment on both counts; remanded for trial court to exercise discretion under amended §654 (AB 518 retroactive) |
Key Cases Cited
- People v. Roberts, 2 Cal.4th 271 (Cal. 1992) (medical treatment is not a superseding cause unless grossly improper)
- People v. Guiton, 4 Cal.4th 1116 (Cal. 1993) (trial court must exclude unsupported theories/instructions)
- People v. Watson, 46 Cal.2d 818 (Cal. 1956) (standard for harmless error on state‑law instructional defects)
- People v. Breverman, 19 Cal.4th 142 (Cal. 1998) (assessing likelihood an error affected the jury’s verdict)
- In re Estrada, 63 Cal.2d 740 (Cal. 1965) (ameliorative statutory changes apply retroactively when judgment not final)
- People v. Perez, 23 Cal.3d 545 (Cal. 1979) (§654 applies to an indivisible course of conduct)
- People v. Corpening, 2 Cal.5th 307 (Cal. 2016) (two‑step §654 inquiry; de novo review when facts undisputed)
- People v. Mani, 74 Cal. App. 5th 343 (Cal. Ct. App. 2022) (application of Assembly Bill 518 amendments to §654 and remand for sentencing discretion)