California Court of Appeal

Conviction and sentence of defendant on counts of gross vehicular manslaughter while intoxicated, driving under the influence and causing bodily injury, and driving with an excessive blood alcohol level causing injury is: 1) reversed as to the driving under the influence and causing bodily injury count, as it is a lesser included offense of count gross vehicular manslaughter while intoxicated; and 2) affirmed in all other respects, where a mistake of fact jury instruction was not proper in this case for any of the charges, and as such, the trial court had no sua sponte obligation to give such an instruction.

Appellate Information

• Decided 01/20/2015
• Published 01/20/2015

Judges

• Kane

Court

• California Court of Appeal

Counsel