Bui

People v. Bui

Good Law
103 Cal. Rptr. 2d 908·2001 Cal. App. LEXIS 93·2001 Daily Journal DAR 1483·86 Cal. App. 4th 1187·2001 Cal. Daily Op. Serv. 1202
Court of Appeal of CaliforniaFebruary 7, 2001C029902California3,161 words

Opinion

Opinion

Scotland, J.

A jury convicted defendant Thang Van Bui of vehicular manslaughter while driving under the influence of a drug and making an unsafe lane change (Pen. Code, § 192, subd. (c)(3); Veh. Code, §§ 21658, subd. (a), 23152), and he was sentenced to state prison for the lower term of one year and four months.

On appeal, defendant contends the trial court erred in admitting expert testimony indicating that defendant’s use of methamphetamine affected his ability to operate his vehicle safely. In defendant’s view, the expert used a novel technique that has not gained general acceptance in the scientific community and, thus, the expert testimony did not satisfy the test of admissibility set forth in People v. Kelly (1976) 17 Cal.3d 24 [ 130 Cal.Rptr. 144 , 549 P.2d 1240 ] and reiterated in People v. Leahy (1994) 8 Cal.4th 587 [ 34 Cal.Rptr.2d 663 , 882 P.2d 321 ]. He also contends that the information considered by the expert was not of the type that reasonably may be relied on by an expert. We disagree with both contentions.

As we will explain, the expert’s testimony concerning the effects of methamphetamine on human behavior was based upon a method of research that is generally…

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