People v. Batchelor

Opinion

HOLLENHORST, Acting P. J.

I. INTRODUCTION

Defendant Larry Jason Batchelor appeals from his conviction—in two separate trials—of implied malice murder (Pen. Code, 1 § 187, subd. (a); count 1) and gross vehicular manslaughter while intoxicated (§ 191.5, subd. (a); count 2). 2

As to the first trial, defendant contends (1) the evidence was insufficient to support his conviction of gross vehicular manslaughter, and (2) the prosecutor improperly commented on defendant’s exercise of his right to a jury trial and improperly vouched for the People’s case. As to the second trial, defendant contends…