California Court of Appeal

Conviction of defendant for gross vehicular manslaughter while intoxicated and jury's finding true the special enhancement allegation that she fled the scene of the crime are affirmed as, although the jury was not instructed on the knowledge requirements, as it should have been, the error was harmless beyond a reasonable doubt, as both the prosecution's evidence and defendant's own testimony unequivocally established that defendant knew the accident was of such a nature that it was probable another person had been injured, and there is no rational basis on which the instructional error could have affected the jury's verdict.

Appellate Information

• Decided 11/08/2010
• Published 11/08/2010

Judges

• BOREN

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Anthony P. Brooklier, Edmund G. Brown, Jr