People v. Bennett

Opinion

MOSK, J.

Defendant appeals from a conviction of gross vehicular manslaughter while intoxicated. (Pen. Code, § 191.5, subd. (a).) 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 stated below we conclude that the instruction is correct, and we therefore affirm the judgment of the Court of Appeal.

I

Late in the afternoon of December 11, 1988, defendant, a 30-year-old male, and 2…