California Court of Appeal

Conviction and sentencing of defendant for second-degree murder, driving under the influence causing great bodily injury, and driving with a blood alcohol level of .08 percent or higher causing great bodily injury is upheld where challenge by defendant on the ground that: 1) the trial court erred in denying his request for an instruction on the partial defense of unconsciousness as a result of voluntary intoxication; 2) evidence of data obtained from his car event data recorder was improperly admitted; and 3) the trial court failed to properly consider his request for alternative sentencing as a combat veteran suffering from service-related post-traumatic stress disorder under Penal Code section 1170.9, are without merit.

Appellate Information

• Decided 04/28/2011
• Published 04/28/2011

Judges

• O'LEARY

Court

• California Court of Appeal

Counsel