Gallardo

People v. Gallardo

Good Law
1994 Cal. App. LEXIS 112·22 Cal. App. 4th 489·27 Cal. Rptr. 2d 502·94 Daily Journal DAR 1781·94 Cal. Daily Op. Serv. 1088
Court of Appeal of CaliforniaJanuary 31, 1994D017554California2,178 words

Opinion

Opinion

Work, J.

trial, convicting him of gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5), driving under the influence of alcohol and causing injury (Veh. Code, § 23153, subd. (a)), leaving the scene of an accident resulting in injury (§ 20001), and false personation (Pen. Code, § 529.3). True findings were made on specific allegations regarding the first two counts that Gallardo injured more than one victim (§ 23182) and regarding the third count that the injury resulted in death (§ 20001, subd. (b)(2)). He was sentenced to the midterm of six years on the first count, with consecutive one-year enhancements for each of the two other victims (§ 23182). Lesser sentences on the other convictions were made concurrent to the sentence on the first count. Gallardo contends there is insufficient evidence in support of his convictions on the first two counts. He also contends the court erred in allowing a prosecution expert to give an opinion regarding the level of alcohol that impairs an individual’s ability to drive. He also contends the court erred in preventing a defense expert from stating his opinion as to the cause of the accident, a safe speed for entering the…

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