Keltie

Defendant was charged with: (count I) vehicular manslaughter in violation of Penal Code section 192, subd. 3(a); (count II) felony hit and run in violation of Vehicle Code section 20001; and (count III) felony driving under the influence in violation of Vehicle Code section 23101. Trial was by jury. The jury returned formal verdicts of conviction in counts II and III but declared some disagreement as to count I. After polling the jurors, the trial court found defendant guilty as charged in count I and further found that the count I offense was committed with at least ordinary negligence. Proceedings were suspended and defendant placed on probation under the condition that he serve nine months in county jail.

On this appeal from the judgment of conviction, we reverse the conviction on count I, affirm the convictions on counts II and III, and remand the case for resentencing.

At approximately 10 p.m., on August 14, 1981, Yoko Toda was struck and killed by a car on Beverly Glen Boulevard. No one saw the accident, but several people looked out of their windows upon hearing the impact, and saw defendant’s van and a sports car stopped parallel to each other in the two…