People v. Armitage

Opinion

SPARKS, J.

On a drunken escapade on the Sacramento River in the middle of a spring night, defendant David James Armitage flipped his boat over and caused his companion to drown. As a result of this accident, defendant was convicted of the felony of drunk boating causing death in violation of former Harbors and Navigation Code section 655, subdivision (c). He makes three claims on appeal. The first is that the evidence is insufficient because the prosecution failed to prove, in addition to operating the boat while under the influence of intoxicating liquor, that defendant committed “any…