PEOPLE v. WELLS

Docket No. S045352.

12 Cal.4th 979 (1996)

911 P.2d 1374

50 Cal. Rptr.2d 699

THE PEOPLE, Plaintiff and Respondent, v. GUY V. WELLS, Defendant and Appellant.

Supreme Court of California.

March 21, 1996.


Attorney(s) appearing for the Case

COUNSEL

Mary G. Swift, under appointment by the Supreme Court, for Defendant and Appellant.

Jaffe, Trutanich, Scatena & Blum, Fred M. Blum and R. Allan Payne as Amici Curiae on behalf of Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Ann K. Jensen, Donna B. Chew and Jeremy Friedlander, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

BAXTER, J.

Subdivision (c)(1) of Penal Code section 1921 (section 192(c)(1)) defines one of the three kinds of vehicular manslaughter described in section 192 as "driving a vehicle in the commission of an unlawful act, not amounting to felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence...

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