P. v. Tapia CA3
Sixteen-year-old defendant Joaquin Segoviano Tapia, while intoxicated and driving too fast, ran a stop sign, causing a collision that killed a Lyft driver and his passenger. Charged with second degree murder and gross vehicular manslaughter while intoxicated and tried in adult court after a transfer hearing, defendant was acquitted of second degree murder but convicted of two counts of gross vehicular manslaughter while intoxicated, in violation of Penal Code section 191.5, subdivision (a). The trial court sentenced defendant to the maximum term of 13 years.
On appeal, defendant contends (1) admission of his prior drunk-driving incident was an abuse of discretion and violated his due process rights, (2) the trial court should have instructed the jury, with respect to gross vehicular manslaughter while intoxicated (§ 191.5, subd. (a)), that the jury could find gross negligence only if a “reasonable child,” rather than a “reasonable person,” would have known defendant’s action
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