People v. Suazo (Cal. Ct. Appl., Sept. 19, 2023, No. F082140) 2023 WL 6118736, at *1
Summary: Suazo while having an elevated blood-alcohol level, drove his 2008 Ford Focus at a high rate of speed off the highway, through a fence, and into agricultural equipment parked in an adjacent yard. His passenger was ejected from the vehicle and killed. Suazo was convicted of second degree murder; gross vehicular manslaughter while intoxicated; driving under the influence and causing bodily injury; driving with a blood-alcohol level of 0.08 percent or more and causing bodily injury; leaving the scene of an accident; and driving on a suspended license. The jury found defendant fled the scene of the crime. (Veh. Code, § 20001, subd. (c)).
On appeal, Suazo contends the evidence was insufficient to support his conviction of second degree murder in light of his testimony that he drank alcohol without intending to drive afterward, then drove while unconscious. He also contends the trial court erred in failing to give, or his trial counsel was ineffective in failing to request, instructions on unconsciousness and voluntary intoxication with regard to count and the fleeing-the-scene allegation.