P. v. Green
Defendant Sandy Green was charged with vehicular manslaughter without gross negligence, a violation of former Penal Code section 192, subdivision (c)(3). It was further alleged that defendant was driving a vehicle in violation of Vehicle Code Sections 23152 and 23153 and in the commission of an unlawful act, not amounting to a felony, to wit, a violation of Vehicle Code Section 22101(d) and in the commission of a lawful act which might produce death, in an unlawful manner. Defendant appeals, contending that the trial court erred: (1) in excluding evidence that the deceased victim was speeding and under the influence of marijuana at the time of the crash, (2) in giving CALCRIM No. 220, the reasonable doubt instruction, and (3) in refusing to grant probation. The judgment is affirmed.
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