P. v. Mabrey
Driving under the influence of alcohol, Alan Lester Mabrey struck and killed a young woman attempting to cross a street. Mabrey then parked the truck he was driving, entered a fast food restaurant immediately adjacent to the scene of the accident, and purchased a hamburger before he returned to speak with police. A jury convicted him of second degree murder (Pen. Code, § 187, subd. (a)), gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)), and hit and run with injury or death (Veh. Code,[1] § 20001, subd. (b)(2)). On the vehicular manslaughter charge, the jury also found true the allegation Mabrey fled the scene of the crime after committing the violation.
Mabrey now appeals, claiming: (1) there was insufficient evidence of implied malice to support his second degree murder conviction; (2) there was insufficient evidence of gross negligence to support his vehicular manslaughter conviction; (3) there was insufficient evidence he fled the scene to support his hit and run conviction or the flight enhancement on his vehicular manslaughter conviction; and (4) his trial was tainted by admission of a photo of the deceased. We find sufficient evidence to support his convictions and no prejudice in admission of the ante-mortem photograph.
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