THE PEOPLE, Plaintiff and Respondent,
v.
KURT DIETRICH VON STADEN, Defendant and Appellant.
Court of Appeals of California, First District, Division Five.https://leagle.com/images/logo.png
November 4, 1987.
November 4, 1987.
Attorney(s) appearing for the Case
COUNSEL
Charles Bush, under appointment by the Court of Appeal, for Defendant and Appellant.
John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, David D. Salmon, Robert R. Granucci and John W. Runde, Deputy Attorneys General, for Plaintiff and Respondent.
Court of Appeals of California, First District, Division Five.
OPINION
KING, J.
(1a) In this case we hold that the "gross negligence" element required for a conviction of gross vehicular manslaughter while intoxicated cannot be shown by the mere fact of driving under the influence or violating the traffic laws. The trier of fact must determine, considering the overall circumstances of the defendant's intoxication or the manner in which he drove, or both, whether there was gross negligence...
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