People v. Ayalaflores

• Docket Number: D084307
• Decision Date: 25 February 2025
• Citation: People v. Ayalaflores, D084307 (Cal. App. Feb 25, 2025)
• Parties: THE PEOPLE, Plaintiff and Respondent, v. JOSUE AYALAFLORES, Defendant and Appellant.
• Court: California Court of Appeals

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THE PEOPLE, Plaintiff and Respondent, v. JOSUE AYALAFLORES, Defendant and Appellant.

D084307

California Court of Appeals, Fourth District, First Division

February 25, 2025

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Riverside County Nos. RIF2003375, RIF2204299 Joshlyn R. Pulliam, Judge. Affirmed.

Jennifer A. Gambale, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, A. Natasha Cortina and Melissa Mandel, Deputy Attorneys General, for Plaintiff and Respondent.

CASTILLO, J.

Over three months, Josue Ayalaflores had two accidents related to reckless or drunk driving, and his license was suspended as a result. Two months later, Ayalaflores again drove under the influence and had an accident, this time killing two pregnant women in the other car along with their fetuses. A jury convicted Ayalaflores of 12 offenses-including four counts of murder-arising from the three incidents.

Ayalaflores contends (1) the trial court's failure to instruct the jury on gross vehicular manslaughter while intoxicated and gross vehicular manslaughter as lesser included offenses of murder violated his constitutional rights, (2) the trial court's denial of his motion to sever the charges arising from the earlier collisions from those arising from the fatal collision resulted in gross unfairness and denied him due process, and (3) the trial court abused its discretion in admitting the portion of a 911 call where a witness described Ayalaflores' profane gesture and statement made minutes before the fatal collision.

We disagree with each contention. First, the court was not required to instruct the jury on gross vehicular manslaughter while intoxicated or gross vehicular manslaughter as neither is a lesser included offense of murder. We further decline to adopt the expanded accusatory pleading test Ayalaflores advocates. Second, the court did not abuse its discretion in denying the motion to sever because the evidence was cross-admissible and its admission did not result in gross unfairness. Third, the court properly exercised its discretion to admit the entire 911 call. We therefore affirm the judgment.

I.

A.

In April 2020, witnesses saw Ayalaflores speed along the right shoulder emergency lane past a line of cars stopped at a red light, almost striking other cars. He entered the intersection just as the light turned green and veered left. Ayalaflores lost control of his car and crashed onto the raised center island, injuring himself. A witness called 911.

A responding officer determined the cause of the collision was an unsafe turning movement, with speed as a contributing factor. The officer cited Ayalaflores for reckless driving, telling him, "That's how you end up killing somebody."

B.

On July 11, 2020, a witness called 911 to report a car weaving in and out of traffic at high speeds. Moments later, the car collided in an intersection with the passenger side of a truck. The collision damaged both vehicles and caused the truck's pregnant passenger to go into preterm labor.

Ayalaflores' eyes were bloodshot and watery, his speech was slurred, and his breath smelled of alcohol. Ayalaflores admitted to a responding officer he had been drinking.

A horizontal gaze nystagmus test indicated Ayalaflores was intoxicated. Ayalaflores' breath sample for a preliminary alcohol screening was 0.21 at 7:01 p.m. at the scene. Based on these findings and Ayalaflores' appearance, the officer arrested Ayalaflores.

Ayalaflores requested a blood alcohol test, and the blood alcohol content of the sample taken at the hospital about an hour after the accident was 0.185 percent, more than twice the legal limit. Based on average rates of elimination of alcohol from the bloodstream, a toxicologist opined Ayalaflores' blood alcohol content was between 0.197 and 0.210 when the accident occurred-a level consistent with a male of Ayalaflores' size having at least six and a half standard drinks. In the toxicologist's opinion, a person with blood alcohol levels within this range could not safely operate a vehicle.

The arresting officer cited Ayalaflores for driving under the influence. The officer served him with notice his license would be suspended within 30 days.

Ayalaflores had been driving the car with his girlfriend and her two children as passengers. After the accident, Ayalaflores told his girlfriend he was sorry and he never meant to put her or the children in harm's way.

A child protective services investigator made an unannounced home visit a week later. Ayalaflores acknowledged drinking throughout the day on July 11, 2020. He said it was the worst day of his life because, "'I put my little ones in danger, I'm never going to forgive myself.'" He and his girlfriend agreed he would not drink and drive again.

C.

Two months later, on an evening in September 2020, witnesses saw Ayalaflores recklessly driving his damaged car. He drove through a stop sign, cutting off another driver in an intersection. The other driver honked, pulled over, and called 911 because she thought he would cause an accident.

Ayalaflores continued driving recklessly, swerving through traffic as he drove to the next stop sign, where he pulled to the right and got out of the car. Apparently believing witnesses in the car behind him had honked at him, he gestured at them with his middle finger. The passenger told Ayalaflores she thought he was intoxicated. Ayalaflores swore at her, got back in his car, and started following them.

Shortly after the witnesses drove through an intersection, they heard a crash. They looked back and saw a car on fire. The driver said the man who was following them crashed. The witnesses went back to the intersection and called 911.

Other witnesses saw Ayalaflores speed past vehicles stopped at the red light before he crashed into the passenger side of an SUV crossing the intersection on a green light. The impact pushed the SUV into an electrical box on the corner, and the SUV burst into flames.

Witnesses ran to help the individuals in the SUV. They got the driver and a passenger in the rear seat out. They could not get the front passenger out, and she and the entire passenger compartment became engulfed in flames. Responding deputy sheriffs told the good Samaritans to step back, as there were no further signs of life and they were concerned the gas tank might explode.

The passenger in the front seat died at the scene. The forensic pathologist determined multiple blunt force trauma and fire-related injuries caused her death. She was pregnant and her fetus, approximately 27 to 30 weeks in gestational age, died in utero due to the maternal injuries.

The passenger in the rear seat, who was also pregnant, was taken to the hospital with severe burns. Despite efforts to save her, both she and her fetus were pronounced dead at the hospital. The forensic pathologist determined this passenger also died from multiple blunt force and fire-related injuries. Her fetus, approximately 18 weeks in gestational age, died due to the maternal injuries.

An accident investigator determined Ayalaflores was "flooring" his car's accelerator to over 70 miles per hour seconds before the impact and applied the brake just 0.4 seconds before the impact. The car was traveling at 61.8 miles per hour at the time of impact. The investigator determined the cause of the accident was excessive speed on a road with a speed limit of 45 miles per hour and the failure to stop at a red light, both of which are violations of the Vehicle Code.

An unresponsive Ayalaflores was transported to the hospital. A blood sample taken from Ayalaflores at the hospital had a blood alcohol content of 0.256 percent, approximately three times the legal limit. A subsequent sample had a blood alcohol content of 0.225 percent. An average male would have had a blood alcohol content between 0.245 and 0.271 at the time of the accident, which is the equivalent to having eight or nine drinks in his system.

Officers interviewed Ayalaflores the day after the accident. He admitted driving the car but said the vehicle was turning funny and the accelerator was not right. He did not remember much about the accident. He initially denied drinking alcohol, but later admitted he probably had about a pint of brandy. He said he has a high tolerance for alcohol, but admitted he was driving "semi-intoxicated." He acknowledged drinking too much but did not believe he was drunk.

D.

Ayalaflores was charged with one count of driving a vehicle upon a public highway in willful and wanton disregard for public safety (Veh. Code, § 23103, subd. (a); count 12) for the April 2020 incident.

As to the July 2020 incident, Ayalaflores was charged with one count of driving under the influence of alcohol (§ 23152(a); count 8); one count of driving with a blood alcohol content of 0.08 percent or more (§ 23152(b); count 9); and two counts of child endangerment (Pen. Code, § 273a(b); counts 10 &11).

For the September 2020 incident, Ayalaflores was charged with four counts of murder (§ 187(a); counts 1 through 4); one count of driving under the influence causing bodily injury (Veh. Code, § 23153(a); count 5); one count of driving with a blood alcohol content of 0.08 percent or more (§ 23153(b); count 6); and one count of driving with a suspended license (§ 14601.5(a); count 7).

A jury convicted Ayalaflores as charged. He admitted a prior conviction that was both a serious prior offense (Pen. Code § 667(a)) and strike prior (§§ 667(c) &(e)(1), 1170.12(c)(1)). The court sentenced Ayalaflores to a total term of seven years plus 120 years...