Ansbro

Defendant/appellant Bruce Rawson Ansbro was convicted of vehicular manslaughter (Pen. Code, § 192, subd. 3) and driving under the influence of alcohol/drugs causing death and bodily injury. (Veh. Code, § 23101, subd. (a).) His motion for new trial was denied. He appeals on two general grounds: (1) prosecutorial misconduct and (2) the court’s failure to determine whether evidence of prior accidents at the scene of defendant’s accident was admissible. We find defendant’s first contention without merit. However, we conclude the trial court should have held a hearing to determine whether defendant’s proffered evidence was admissible and so remand for further proceedings.

Defendant was involved in a head on collision with another vehicle, as a result of which a passenger in the other vehicle was killed. Both drivers had been drinking at the same birthday party earlier in the evening.

Defendant claims that exclusion of certain evidence denied him a fair trial. He sought to introduce evidence of four other accidents which occurred at approximately the same location as the one upon which the present charges are based. He intended to use this evidence to establish the dangerous…