Moore

Defendant was charged with three counts of felony drunk driving (Veh. Code, § 23101) and two counts of involuntary manslaughter (Pen. Code, § 192, subd. 3(a)) arising out of his operation of a motor vehicle. A jury convicted him as charged recommending county jail confinement for the manslaughter convictions. Motions for new trial and probation having been denied, defendant was sentenced to state prison on the drunk driving counts (each to run concurrently) and to the county jail on the two manslaughter counts (each such count to run concurrently with the other as well as with the state prison terms for drunk driving). The appeal is from the judgment.

Around 9:15 p.m. on May 17, 1970, defendant was driving on Pacific Coast Highway near Zuma Beach; the highway consisted of four lanes, two in each direction. Defendant (in a Mustang), although southbound, was observed in the fast northbound lane (over the double line) by the driver of a following car, Mr. Bauer, who stated that there were then only one or two cars “at the most” southbound ahead of him. It was a clear evening, and defendant’s car momentarily disappeared from Bauer’s view as it went around a bend. He then…