People v. Esparza-Treto

Judge TAUBMAN

concurring in part and dissenting in part.

I. Introduction

The majority affirms the conviction of defendant, Ezequiel Esparza-Treto (Esparza), for first degree assault with extreme indifference, but concludes there was insufficient evidence to sustain his convictions for one count of second degree reckless assault and one count of third degree assault. However, all three assault convictions were based on Esparza's collision with another vehicle, which caused serious bodily injury to both Esparza's passenger and the driver of the other vehicle, and even though the language of the…