Gapelu

A jury convicted Jerome Gapelu of vehicular manslaughter (Pen. Code, § 192, subd. (c)(3)), driving under the influence causing injury (Veh. Code, § 23153, subd. (a)), and driving with an alcohol blood count of 0.10 percent or higher (Veh. Code, § 23153, subd. (b)). He was granted probation and appeals, claiming the People failed to establish prima facie proof he committed the offenses, independent of his admissions. We disagree and affirm.

Facts

A silver station wagon hit, from behind, a blue truck which was stopped in the road and was signaling to make a left-hand turn. As a result of the collision, the truck was pushed into an oncoming van. The driver of the truck was killed and the driver and passengers in the van were injured, as was the owner of the station wagon, Gapelu.

Discussion

People v. Moreno (1987) 188 Cal.App.3d 1179 [ 233 Cal. Rptr. 863 ], a Fifth Appellate District opinion, is the only published Court of Appeal *1008 decision we or the parties have discovered which addresses the requirement of a prima facie showing of driving under the influence for purposes of admitting a defendant’s statements. Discussing, first, two previous decisions on the matter…