California Court of Appeal

In an appeal from the judgment of the trial court convicting defendant of two counts of vehicular manslaughter while intoxicated without gross negligence and other related charges, conviction and sentencing are upheld over defendant's meritless challenges that the trial court erred by: 1) rejecting his offer of proof with respect to a power outage at the site of the accident; 2) admitting into evidence an "in-life" photograph of the victims' family; 3) imposing Penal Code section 12022.7(a) and (b) enhancements for manslaughter counts; 4) imposing two Section 12022.7(a) enhancements for the great bodily injury; 5) imposing the maximum restitution fine of $10,000 without considering his ability to pay; and 6) failing to give him four days of presentence credits.

Appellate Information

• Decided 09/08/2011
• Published 09/08/2011

Judges

• BENKE

Court

• California Court of Appeal

Counsel