Leffel

Statement of the Case

Defendant was convicted by jury in case No. 825 of vehicular manslaughter in violation of Penal Code section 192, subdivision (c)(3). Probation was denied and defendant was sentenced to state prison for the upper term of 8 years, with presentence credit of 55 days. A term of 16 months imposed for a conviction of assault with intent to commit sodomy (Pen. Code, § 220) in a separate case, No. 826, was ordered to be served consecutively to the 8-year term. Defendant received 37 days’ credit in case No. 826. It was further ordered that defendant pay a restitution fine of $500 and that defendant reimburse the parents of the victim for $8,853.79.

Statement of Facts

At approximately 9 p.m. on January 10, 1985, defendant met Richard Shouse at a party in Fresno. Shouse’s girlfriend, Richell Graham, was also there. At the party, defendant drank a half pint of an alcoholic beverage. Shouse drank a lot of beer from a keg and became intoxicated.

Defendant and Shouse left the party around 2 a.m. (Jan. 11, 1985), went to a friend’s house and had more wine. They did not stay there long and later left to go to Shouse’s brother’s apartment with Richell. While…