Ferguson

Elijah Leigh Ferguson appeals from his conviction for second degree murder, driving under the influence causing great bodily injury, and driving with a blood-alcohol level of 0.08 percent or higher causing great bodily injury. Ferguson contends (1) the trial court erred in denying his request for an instruction on the partial defense of unconsciousness as a result of voluntary intoxication (CALCRIM No. 626), which could have reduced the offense to involuntary manslaughter; (2) evidence of data obtained from his car’s event data recorder was improperly admitted; and (3) the trial court failed to properly consider his request for alternative sentencing as a combat veteran suffering from service-related posttraumatic stress disorder under Penal Code section 1170.9. 1 We find no error and affirm the judgment.

FACTS

The Accident

On February 22, 2008, Michael and Grace Sein were driving home around 11:00 p.m. They were stopped at a red light at the intersection of MacArthur and Jamboree in Newport Beach, when they were rear-ended by a car driven by Ferguson, a marine stationed at Camp Pendleton. Michael Sein was killed; Grace Sein was severely injured. Ferguson suffered a…