P. v. Lee CA6
Defendant James Francis Lee was driving his pickup truck south on Highway 101 when he rear-ended the pickup truck of a family that had parked on the shoulder. Four-year-old Jose Diaz was killed, and the family’s father suffered serious injuries. Lee’s blood alcohol level tested at 0.175 percent and 0.16 percent. He had suffered two prior drunk driving convictions in 1988 and 1994.
A jury found Lee guilty of second degree murder, gross vehicular manslaughter, driving under the influence of alcohol and causing injury, and driving with a blood alcohol level of 0.08 percent and causing injury. The jury found various enhancements true, including allegations that Lee had suffered two prior drunk driving convictions within seven years of each other. The trial court imposed a total term of 15 years to life consecutive to four years four months in state prison.
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