P. v. Gonzalez
A jury convicted defendant Eusebio Gonzalez of second degree murder (count 1Pen. Code, 187, subd. (a)), gross vehicular manslaughter while intoxicated (count 2Pen. Code, 191.5, subd. (a)), driving under the influence causing injury (count 3Veh. Code, 23152, subd. (b)), and hit-and-run (Veh. Code, 20001, subd. (a)). As to counts 2 and 3, the jury found that defendant had previously been convicted of two prior offenses of driving under the influence. (Veh. Code, 23152, subd. (b).) As to count 3, the jury additionally found that defendant had proximately caused bodily injury upon both of his passengers. (Veh. Code, 23558.) The court sentenced defendant to 15 years to life. On appeal defendant contends that the trial court erred in admitting defendants inculpatory statements made to officers during his interrogation. Defendant additionally maintains that the court erred in failing to issue a sua sponte jury instruction that the requisite mens rea for the count 1 offense could be negated by evidence of his intoxication. Court affirm the judgment in full.
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