P. v. Mukai CA5
Appellant and defendant Masayoshi Mukai admitted he had consumed “ ‘unknown’ amounts” from a “ ‘pile’ of drugs” on the night before and morning of December 26, 2017, and then drove to Fresno with a friend, 20-year-old Maya Isabel Thone (Ms. Thone). While on State Route 152, he drove in excess of 100 miles per hour, weaved in and out of traffic, and his vehicle overturned. Ms. Thone was pronounced dead at the scene. Defendant tested positive for methamphetamine, cocaine, and opiates.
Defendant pleaded guilty as charged to gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)) and three other offenses. He was sentenced to the upper term of 10 years.
On appeal, defendant argues the court abused its discretion when it imposed the upper term, relied on aggravating factors that were elements of the offense, and failed to consider mitigating factors. Defendant also argues the court improperly ordered him to pay a restitution fine and assessments without
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