People v. Mitchell

A jury found Mark Ross Mitchell guilty of driving under the influence of alcohol and/or drugs with resulting injury, a violation of Vehicle Code section 23153, subdivision (a), which reads: “It is unlawful for any person, while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug, to drive a vehicle and, when so driving, do any act forbidden by law or neglect any duty imposed by law in the driving of the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.”

The information charged, in part, that in driving under the influence Mitchell “committed an act forbidden by law, to wit, V.C. 22350 [violation of the basic speed law ] and 23109(a) [engaging in a speed contest ], and neglected a duty imposed by law, which proximately caused bodily injury to another.”

After the trial court granted probation to Mitchell on condition, among others, that he spend 30 days in county jail and pay a $1,000 fine, he appeals. He contends the trial court committed reversible error in not instructing the jury, sua sponte, it must unanimously agree on the acts forming the…