Hansen
People v. Hansen
Opinion
Opinion
Kline, J.
Introduction
Norman R. Hansen, Jr., appeals his conviction of one count of gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)), two counts of driving under the influence of alcohol and causing bodily injury (Veh. Code, § 23153, subd. (a)), two counts of driving with a blood-alcohol level of .08 percent or more and causing bodily injury (Veh. Code, § 23153, subd. (b)), and a finding that in violating Vehicle Code section 23182, he caused injury to more than one person. Appellant admitted that he had suffered two prior drunk driving convictions.
He raises several contentions, principal among them that the trial court erred in permitting the prosecutor in closing argument to argue a theory of liability based in part on his failure to ensure that his passengers were restrained by a safety belt.
Statement of the Case and Facts
Shortly after 1 a.m. on May 18, 1990, a Datsun 280 ZX sports car driven by appellant on Highway 92 plunged off a cliff. Diane Janssen, a passenger in the car, was killed. Appellant and Teresa Sabin, also a passenger, were injured.
The evidence showed that Janssen and Sabin were good friends. They had met earlier in the…