Gaglione
People v. Gaglione
Opinion
Lead Opinion
Kingsley, J.
Defendant was charged with: (count I) involuntary manslaughter of Bruce Burton, in violation of subdivision 2 of section 192 of the Penal Code; (count H) involuntary manslaughter of David George, in violation of subdivision 2 of section 192 of the Penal Code; (count III) violation of section 5157 of title 8 of the California Administrative Code, in violation of section 6423 of the Labor Code; (count IV) violation of section 5158 of title 8 of the California Administrative Code, in violation of section 6423 of the Labor Code, and (count V) violation of section 5159 of title 8 of the California Administrative Code, in violation of section 6423 of the Labor Code.
*56 After a trial by jury, count HI was dismissed; defendant was found guilty on the other four counts. On the two misdemeanor counts of violation of section 6423 of the Labor Code, he was sentenced to six months in the county jail, suspended; on the two involuntary manslaughter counts, he was given probation on condition, inter alia, that he spend 365 days in county jail, the condition being suspended until August 20, 1982. He has appealed; we affirm.