California Court of Appeal

Defendant's vehicular manslaughter conviction is affirmed, where the trial court did not err in failing to instruct the jury that gross negligence requires conscious indifference to consequences, because CALCRIM No. 590, the pattern instruction on gross vehicular manslaughter while intoxicated the trial court gave, conveyed the equivalent of -conscious indifference- by informing the jury that gross negligence exists only if a reasonable person would have known that acting in that way would create a high risk of death or great bodily injury.

Appellate Information

• Decided 08/24/2009
• Published 08/24/2009

Judges

• ROBIE, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Patricia L. Watkins, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Julie A. Hokans, Supervising Deputy Attorney General, J. Robert Jibson, Deputy Attorney General, for Plaintiff and Respondent.