California Court of Appeal

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People v. Nicolas, 052512

in a case in which defendant was on her phone and texting while driving on the freeway and struck the rear of victim's stationary car at a speed of about 80 m.p.h., sentence and conviction of vehicular manslaughter with gross negligence, Pen. Code section 192(c)(1), are reversed where the trial court committed three separate instructional errors, and one of such errors requires automatic reversal because it had the effect of lowering the prosecution's burden of proof.

Appellate Information

  • Decided
  • Published 2017/02/23

Judges

  • MOORE

Court

  • California Court of Appeal

Counsel