Thompson

I. Statement of the Case

Defendant Deborah Lynette Thompson appeals from a judgment entered after a jury convicted her of gross vehicular manslaughter while intoxicated (GVMI) and found that she previously served a prison term and had two prior convictions for driving under the influence (DUI), one of which involved bodily injury to another person. (Pen. Code, §§ 191.5, subds. (a) and (d) and 667.5, subd. (b).)

On appeal, defendant claims that the court erred in giving incorrect instructions on GVMI and the required predicate acts, duplicative instructions concerning GVMI and a lesser included offense, and an inadequate cautionary instruction concerning the evidence necessary to establish gross negligence. She claims the court further erred in making improper comments on the evidence; admitting autopsy pictures of the victim and evidence of her mental state; and excluding evidence of the victim’s prior DUI arrest, her prior inconsistent statements, and the fact that she did not make certain statements to a police officer. Last, defendant claims the prosecutor was guilty of misconduct.

We affirm.

II. Facts

On March 18, 1997, around 5:30 p.m., defendant and Ed Traster,…