California Court of Appeal
People v. Gabriel Martinez, H039398
Defendant's conviction and sentence for involuntary manslaughter and three counts of furnishing a controlled substance, with a great bodily injury enhancement attached to two of the furnishing counts, are: 1) modified in part as to the restitution fine, where defense counsel failed to object to the trial court's mistaken use of the minimum statutory fine that was in effect at sentencing to calculate defendant's restitution fund fine; but 2) otherwise affirmed, where the trial court did not err in imposing the great bodily injury enhancement, there was sufficient evidence to support the enhancement because defendant's act of personally providing the victim a lethal quantity of drugs while she was in an intoxicated state was the direct cause of the victim's death, and there was sufficient evidence to support the conviction for furnishing methadone to Ms. Mavris.
Appellate Information
- Decided 06/06/2014
- Published 06/06/2014
Judges
- ELIA
Court
- California Court of Appeal