Verdict Could Lengthen Sentence in DUI Case

A San Fernando jury is expected to decide today whether a Beverly Hills man convicted of manslaughter in 1998 had a prior drunk driving conviction that could increase his sentence from 12 years to life in prison.

The jury is being asked to decide if Johnny Castro, 40, was convicted of driving under the influence in Bakersfield in 1990, and served 16 months in prison after his probation was revoked in 1993.

The unusual court proceedings were ordered in March, after a state appellate court found that Los Angeles County Superior Court Judge Meredith C. Taylor had abused her discretion during Castro’s 1998 trial. The 2nd District Court of Appeal said the trial judge should have allowed prosecutors to introduce Castro’s eight previous drunk driving convictions at sentencing.

The appellate court said Castro’s prior convictions, if proved, can be used against him under a 1997 law that punishes drunk drivers with the harsher penalty of 15 years to life in prison if they kill someone.

Under the procedure, a jury must decide whether the prior convictions have been proved. In most cases, the same jury that convicts a defendant considers his prior convictions.

On Wednesday, Deputy Los Angeles County Dist. Atty. John Asari showed jurors court and prison records verifying Castro’s conviction and the 16 months he spent in state prison. An expert also testified that the fingerprints taken at the prison matched those of the defendant.

Defense attorney Nanine Russo urged jurors to consider possible mistakes in the paperwork presented by the prosecution.

“How many John or Johnny Castros do you think there are in the state of California?” she asked.

Castro was convicted of killing Mahdad Koosh, 22, of Westlake Village in January 1998.

Witnesses told authorities that Castro’s car was traveling nearly 100 mph, and a test showed that Castro’s blood-alcohol content was at least 0.17%, more than twice the legal limit.