Nordberg

People v. Nordberg

Good Law
117 Cal. Rptr. 3d 558·189 Cal. App. 4th 1228·2010 Cal. App. LEXIS 1905
Court of Appeal of CaliforniaNovember 8, 2010B218891California4,876 words

Opinion

Opinion

Boren, J.

Appellant Stephanie Nordberg was driving while intoxicated when her car struck and killed a motorcyclist on the freeway. A jury convicted her of gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)), and found true the special enhancement allegation that she fled the scene of the crime after the vehicular manslaughter (Veh. Code, § 20001, subd. (c)). She was sentenced to a prison term of nine years, consisting of the low term of four years for the offense, plus five years for the enhancement.

Appellant contends that the true finding of the enhancement allegation for leaving the scene of the crime should be reversed because the jury was not instructed that she had to have knowledge that the accident resulted in injury to someone, or had to know that the accident was of such a nature that one would reasonably anticipate that it resulted in injury to another person. We find that although the jury was not instructed on the knowledge requirement, as it should have been, the error was harmless beyond a reasonable doubt. Because both the prosecution’s evidence and appellant’s own testimony unequivocally established that appellant knew the accident was…

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