P. v. Bernhard
Dale Bernhard appeals his conviction of vehicular manslaughter without gross negligence under Penal Code section 192, subdivision (c)(2). Appellant contends: (1) the trial court violated his Sixth Amendment right of confrontation and abused its discretion under Evidence Code section 780 when it restricted the cross-examination of a witness; (2) the court erred when it failed to modify the CALJIC instruction pertaining to the charge; and (3) the evidence was insufficient to support his conviction. As we shall explain, appellants claims do not warrant a reversal. First, appellant failed to preserve his Sixth Amendment claim in the trial court and has not demonstrated prejudicial error under state law. Second, appellant has not shown the CALJIC instructions failed to convey the proper elements of Penal Code section 192, subdivision (c)(2). Finally, appellants conviction was amply supported by eyewitness accounts of the accident and physical evidence. Consequently, Court affirm.
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