PEOPLE v. BENNETT

Docket No. S018584.

54 Cal.3d 1032 (1991)

819 P.2d 849

2 Cal. Rptr.2d 8

THE PEOPLE, Plaintiff and Respondent, v. JOHN BENNETT, JR., Defendant and Appellant.

Supreme Court of California.

December 5, 1991.


Attorney(s) appearing for the Case

COUNSEL

Fern M. Laethem, State Public Defender, under appointment by the Supreme Court, and Jeanne Wolfe, Deputy State Public Defender, for Defendant and Appellant.

John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Richard B. Iglehart and George Williamson, Chief Assistant Attorneys General, John H. Sugiyama, Assistant Attorney General, Herbert F. Wilkinson, Morris Beatus and David D. Salmon, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

MOSK, J.

Defendant appeals from a conviction of gross vehicular manslaughter while intoxicated. (Pen. Code, § 191.5, subd. (a).)1 The Court of Appeal affirmed the conviction. Defendant contends the trial court erroneously instructed the jury that it could find gross negligence from "the overall circumstances of [his] intoxication." (CALJIC No. 8.94 (5th ed. 1988 bound vol.).) For the reasons...

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