Bustos

A jury found defendant guilty of involuntary manslaughter in the driving of a vehicle (Pen. Code, § 192, subd. 3) and of felony drunk driving (Veh. Code, § 23101). On the first count, he was admitted to probation for 4 years on condition he serve 6 months in county jail and refrain from drinking alcoholic liquors. Defendant appeals.

A hardtop sports ear, travelling at high speed, crossed the double line and struck another car head on. Occupants of the sports car were defendant, his 4-year-old son, and Yanes, who owned the car. The boy and Yanes were thrown from the car by the impact. When the car came to rest, defendant was unconscious. The upper portion of his body was hanging outside the ear on the right (the driver’s seat was on the left), but his feet were wedged between the gear shift lever and the seat. A pair of sunglasses lay on the pavement beneath his head. Defendant and Yanes were seriously injured, and the latter died in the hospital to which he was taken from the scene. A motorist who had seen the sports car before the accident identified the driver as wearing sunglasses and a distinctive shirt matching that seen on defendant immediately after the collision. Two…