A repeat DUI offender, who was convicted of second-degree murder and other charges for a crash in Wilmington that left a teenager dead and the victim’s brother seriously injured, lost his latest appeal Friday.
A three-justice panel from California’s 2nd District Court of Appeal turned down the defense’s contention that Marlon Mafrend Roldan was eligible for re-sentencing under a recent change in state law that affects some murder cases.
Superior Court Judge Judith Meyer had ruled earlier that Roldan was ineligible for relief.
He is serving a state prison sentence of more than 19 years to life for the Dec. 15, 2008, crash that killed 17-year-old Lionel Melena and seriously injured his older brother.
Roldan was convicted in March 2010 of second-degree murder, gross vehicular manslaughter while intoxicated, DUI causing injury, DUI causing injury with a 0.08% blood-alcohol concentration, driving with a suspended license and failing to provide evidence of financial responsibility, with jurors finding true that he inflicted great bodily injury on the victim’s brother. He was subsequently sentenced to more than 22 years to life in state prison.
In a 2011 ruling, a state appeals court panel upheld his conviction on all of the charges except failing to provide evidence of financial responsibility, and lopped two years off his sentence.
Roldan had a January 2003 conviction for DUI and completed a court-ordered alcohol education program that warned that driving under the influence of alcohol creates a risk that someone will be killed, according to the 2011 ruling.
That panel noted that Roldan had consumed alcoholic beverages at a party, driven his van through Long Beach toward his home in Wilmington, fell asleep or blacked out and veered into oncoming traffic, narrowly missing a fuel tanker and another vehicle before colliding with an SUV containing Melena and his brother.
>> Want to read more stories like this? Get our Free Daily Newsletters Here!Follow us: