The People v. Stueber CA4/3

INTRODUCTION

A passenger was killed when the car driven by defendant Andrew J. Stueber crashed into a tree. Defendant had been drinking before the accident. Defendant was convicted of vehicular manslaughter with gross negligence. He raises two arguments on appeal. Finding no merit in either, we affirm the judgment and the postjudgment order. First, there was sufficient evidence to support a finding that defendant acted with gross negligence. Second, the trial court did not err in awarding restitution to the victim‟s mother. Both the mother‟s loss of income and expenses incurred in attending pretrial proceedings were compensable under the relevant statute.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

Prosecution’s Case-in-chief On July 31, 2009, defendant, a lance corporal in the United States Marine Corps, attended a “liberty briefing” on base at Camp Pendleton, at which the dangers of drinking and driving were discussed. Later that day, after helping a friend move, defendant and three fellow marines—Kyle Nance, Robert Nichols, and Edmund Vandecasteele—met at Nichols‟s apartment, located on Avenida Vista Montana in San Clemente. About 9:30 p.m., the four decided to go to a nearby…