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P. v. Tarasuk CA3
While intoxicated and fleeing from law enforcement officers, defendant Oleg Tarasuk drove his pickup truck across a pedestrian median, striking G. from behind and killing him instantly. Defendant was convicted by jury of second degree murder (Pen. Code , § 187), driving under the influence of alcohol (DUI) causing injury (Veh. Code, § 23153, subd. (a)), driving with a blood alcohol content (BAC) of 0.08 percent or higher causing injury (id., subd. (b)), evading a pursuing peace officer in willful disregard for the safety of persons or property (Veh. Code, § 2800.2), and resisting an executive officer in the performance of his or her duty (§ 69). In a bifurcated proceeding, the trial court found defendant was previously convicted of a serious felony offense (§ 667, subd. (a)), qualifying as a strike under the three strikes law (§§ 667, subds. (b)-(i), 1170.12). Defendant was sentenced to state prison to serve an indeterminate term of 30 years to life.

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