Fowler

People v. Fowler

Bad Law
109 Cal. App. 3d 557·167 Cal. Rptr. 235·1980 Cal. App. LEXIS 2185
Court of Appeal of CaliforniaAugust 13, 1980Crim. 10466California2,748 words

Opinion

Opinion

Regan, J.

Defendant was convicted by jury of two counts of vehicular manslaughter (Pen. Code, § 192, subd. 3(a)) and one count of driving while intoxicated and causing bodily injury (Veh. Code, § 23101, subd. (a)). The trial court sentenced defendant to state prison for the middle term of two years on the felony drunk driving conviction (Veh. Code, § 23101, subd. (a)) and to one-year terms in the county jail on each of the manslaughter convictions (Pen. Code, § 192, subd. 3(a)). The jail terms are to run concurrently with each other but consecutively to the prison term.

Defendant appeals, raising contentions of erroneous admission of incriminating statements into evidence and of errors in sentencing.

On April 9, 1978, at approximately 10 p.m., a white Chevrolet traveling at a speed of 65 to 70 miles per hour entered the intersection of Sunrise Boulevard and Greenback Lane, in Sacramento County, against the red light and collided with a pickup truck. A passenger in the pickup, Edward Stoops, was killed and the driver of the pickup, Andrew Mark Enos, was injured. Soon after the accident an ambulance arrived at the scene. Already present was a sheriiFs unit and a fire department…

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