P. v. Villegas
Defendant, was originally convicted of second degree murder and evading an officer with willful disregard for the safety of persons or property. (Pen. Code,[1] 187, subd. (a); Veh. Code, 2800.2, subd. (a).) We affirmed defendants original convictions in an unpublished opinion. (People v. Villegas (Sept. 17, 2003, B163953) [nonpub. opn.].) However, on December 17, 2003, our Supreme Court granted defendants review petition. On June 8, 2005, our Supreme Court ordered us to reconsider the cause in light of its decision in People v. Howard (2005) 34 Cal.4th 1129, 1136-1139. In an unpublished opinion, we: reversed defendants second degree murder conviction; affirmed his conviction for felony evasion of a police officer; ordered defendants resentencing on the felony evading charge once the homicide issues were resolved; and remanded the matter to the trial court for further proceedings. (People v. Villegas (Aug. 29, 2005, B163953) [nonpub. opn.].) Defendant was retried and convicted of second degree murder, vehicular manslaughter with gross negligence, and leaving the scene of an accident. ( 187, subd. (a), 192, subd. (c)(1); Veh. Code, 20001, subd. (a).) He appeals from his convictions after the retrial contending: his convictions violated his constitutional due process and double jeopardy rights; his convictions for vehicular manslaughter and leaving the scene of an accident are barred by the statute of limitations; his convictions and sentences for manslaughter and leaving the scene of an accident must be vacated pursuant to section 654, subdivision (a); and the trial court improperly imposed the upper term on his vehicular manslaughter conviction. Court affirm the judgment.
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