P. v. Zepeda 5/31/07 CA5

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: F050481

Case Date: 08/09/2007

Preview:Filed 5/31/07 P. v. Zepeda CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, F050481 Plaintiff and Respondent, (Super. Ct. No. BF112040A) v.

OPINION
BAUDELIO ZEPEDA, Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Kern County. Michael G. Bush, Judge. Maureen L. Fox, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez, Brian Alvarez and William K. Kim, Deputy Attorneys General for Plaintiff and Respondent. -ooOooINTRODUCTION The essential facts of this case are not in dispute. While driving under the influence of alcohol, defendant collided with a vehicle stopped at a red light. He then ran away from the scene of the accident. As a result of the accident, Sarah Bustamante was

killed and her daughter, Alicia Bustamante, was severely injured. The driver of the vehicle in which they were traveling, Yvonne Mendoza, sustained minor injuries. A jury convicted defendant of gross vehicular manslaughter while intoxicated (count 2; Pen. Code,

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