People v. Ennis CA5

INTRODUCTION

Appellant Justin Mark Ennis was operating a vessel while under the influence of alcohol when it struck and killed the operator of another vessel. Ennis challenges his conviction for murder on the grounds the trial court erred in admitting evidence of his prior conviction for driving under the influence (DUI). He also contends prosecutorial misconduct and cumulative prejudice warrant reversal of the conviction. Finally, he contends his misdemeanor conviction for violating Harbors and Navigation Code section 655, subdivision (b) is a necessarily included offense of his felony conviction for violating subdivision (f) of that same code section. With the exception of Ennis’s claim regarding the necessarily included offense, we disagree with his contentions. We will reverse the misdemeanor conviction and in all other respects affirm the judgment.

FACTUAL AND PROCEDURAL SUMMARY

On August 28, 2010, a group gathered at Lake Webb in Kern County to celebrate Jacob Perez’s 12th birthday. Salvador “Sal” Rodriguez and his wife, Mia, were there with their Bayliner boat. Mia was five months pregnant at the time and left the party early at around 3:30 p.m. Ennis also was at Lake…