P. v. Carter
While under the influence of marijuana, defendant George William Carter II drove his automobile inside a parking structure in such a fashion as to pin the victim between his vehicle and another, resulting in her death. (We relate other relevant facts in our discussion.) A jury convicted him of gross vehicular manslaughter while intoxicated. (Pen. Code, 191.5, subd. (a); all further statutory references are to this code except as otherwise stated.) He pleaded not guilty by reason of insanity but the jury found him to have been sane when he committed the offense. In a trifurcated trial, the court found he had previously committed three strike offenses. ( 667, subds. (d), (e)(2)(A), 1170.12, subds. (b), (c)(2)(A).) The court imposed a third strike term of 25 years to life on the 191.5, subdivision (a) conviction and a 5-year determinate term for the prior serious felony enhancement, resulting in a state prison sentence of 30 years to life. The court also granted presentence credit and imposed a restitution fine and victim restitution.
Defendant raises four issues in his appeal: (1) the evidence defendant was insane is of such weight and character that the jury could not reasonably reject it (capitalization omitted); (2) CALCRIM No. 3450 (Insanity) is incomplete; (3) the court abused its discretion in failing to dismiss a prior strike; and (4) the sentence imposed is cruel and unusual. Court reviewed the evidence and considered defendants legal challenges and disagree with each of his contentions. Court therefore affirm the judgment.
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