P. v. Anno
Defendant William Wayne Anno appeals from his conviction of gross vehicular manslaughter while intoxicated (Pen. Code, 191.5, subd. (a) count 1) and boating under the influence causing injury (Harb. & Nav. Code, 655, subd. (f) counts 2 and 3) as well as true findings on the enhancement allegations that he personally inflicted great bodily injury (Pen. Code, 1192.7, subd. (c)(8), 12022.7, subd. (a); Veh. Code, 23558) and that he had previously been convicted of a serious or violent felony (Pen. Code, 667, subds. (b)-(i), 1170.12, subd. (a)-(d)) and of driving a vehicle with a blood alcohol level of .08 percent or greater (Veh. Code, 23566, subd. (a), 23152, subd. (b)). On appeal, defendant contends (1) the trial court abused its discretion by excluding evidence of the manslaughter victims methamphetamine use and aggressive lifestyle; (2) the trial court erred in failing to instruct the jury on the defense theory of intervening and superseding cause; and (3) the prosecutor committed prejudicial misconduct in argument to the jury on the standard of proof beyond a reasonable doubt. Court find no prejudicial error, and Court affirm.
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