English

Defendant Husey Olan English, Jr., appeals from the judgment entered following a jury trial that resulted in his conviction of involuntary manslaughter, a violation of Penal Code section 192.

Statement of the Case

By an amended information filed by the District Attorney of Santa Barbara County, defendant Husey Olan English, Jr. (appellant) was charged in count I with manslaughter, a violation of Penal Code section 192. It was further alleged in the commission and attempted commission of the offense, that defendant personally used a firearm, to wit, a .25 caliber pistol, within the meaning of Penal Code section 12022.5. By way of special allegations, it was alleged defendant had a prior conviction for possession of stolen property, a violation of Penal Code section 496, subdivision 1, and served a term of imprisonment therefor; and, it was alleged defendant had a prior conviction for the violation of Penal Code section 459 in the second degree, and served a term of imprisonment therefor. Defendant was arraigned and pleaded not guilty. Defendant further denied the alleged priors and special allegations.

Prior to trial defendant admitted the two prior felony convictions.…