Richbourg

Defendant James Allen Richbourg was convicted of two counts of vehicular manslaughter, a violation of Penal Code section 192.3, subdivision (d). 1 His sole contention on appeal is that the court erred in failing to dismiss his case because the vehicle he was driving was destroyed prior to his arraignment. We disagree and affirm the judgment.

The case was submitted to the court on a preliminary hearing transcript and various stipulations. The charges arose out of an accident at 10:30 a.m. on May 29, 1984, involving a motor home (a 1959 Chevrolet housecar) driven by Richbourg, and a pickup truck traveling in the opposite direction. The housecar was owned by the passenger, Joseph Lioon. The housecar began a “fishtailing” movement as it came around a curve, and went off the shoulder. It then went over the double yellow line and collided head on with the pickup truck killing its passenger.

Richbourg’s blood alcohol reading approximately three hours after the accident was .25. Richbourg’s testimony through stipulation was that prior to entering the curve his speed was 50 miles an hour. He could not control the housecar which was going all over the road before it rolled over.…