Goslar

People v. Goslar

Good Law
1999 Cal. App. LEXIS 161·70 Cal. App. 4th 270·82 Cal. Rptr. 2d 558·99 Daily Journal DAR 1811·99 Cal. Daily Op. Serv. 1471
Court of Appeal of CaliforniaFebruary 24, 1999D028216California2,955 words

Opinion

Opinion

Benke, J.

J.Daniel Jason Goslar pleaded guilty to driving without a license. He was convicted of two counts of gross vehicular manslaughter while intoxicated, with true findings on allegations of injury to multiple victims within the meaning of Vehicle Code section 23153, subdivision (a), and one count of causing injury while driving under the influence of alcohol, with true findings on the same allegations of injury to multiple victims and the infliction of great bodily injury within the meaning of Penal Code section 12202.7, subdivision (a). Goslar was found not guilty of causing injury while driving with a blood-alcohol level of 0.08 or greater.

Goslar was sentenced to a prison term of seven years. He appeals, arguing that Vehicle Code section 23140, making it a unlawful for a person under 21 years of age to drive with a blood-alcohol level of 0.05 or more, denies equal protection and is void for vagueness. He also argues various instructional errors. We reject his arguments and affirm the judgment.

Facts

A. Prosecution Case

In March 1996, appellant, who was then 19 years of age, and his friend Jorge Gallegos were Marines stationed in Twentynine Palms. On the morning of…

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