McNiece

Statement of the Case

An information charged appellant with vehicular manslaughter with gross negligence in count I (Pen. Code, § 192, subd. (c)(3)), driving under the influence of alcohol with injury in count II (Veh. Code, § 23153, subd. (a)), and driving with a blood alcohol level of .10 percent or above causing injury in count III (Veh. Code, § 23153, subd. (b)).

After a seven-day trial, the jury returned a verdict of guilty on all counts.

Appellant was sentenced to a six-year term on count I and an eight-month consecutive term on count II. The sentence on count III was stayed pursuant to section 654.

Facts

On January 21, 1984, appellant, the owner and president of California Gun Specialties, hosted an annual sales meeting at the Lamp Liter Inn in Visalia. A cocktail party and dinner were held. Testimony is conflicting as to the amount of alcohol consumed by appellant. Various people testified that appellant did not appear to be intoxicated.

At approximately 11:30 p.m., appellant left the Lamp Liter Inn; around midnight, appellant traveled on Country Center Drive toward the Caldwell Avenue intersection. The speed limit on Country Center Drive is 30 miles per…