Cook
People v. Cook
Opinion
lead Opinion
Miller, J.
Defendant and appellant Victoria Samantha Cook pled guilty to the misdemeanor offense of driving with a suspended license (count 4 — Veh. Code, § 14601.1, subd. (a)). Thereafter, a jury convicted defendant of three counts of gross vehicular manslaughter for the respective deaths of Zaria Williams (Williams), Christine Giambra (Giambra), and Cedric Page (Page) (counts 1-3 — Pen. Code, § 192, subd. (c)(1)). 1 The jury additionally found true three allegations attached to the count 1 offense that defendant had personally inflicted great bodily injury upon Giambra, Page, and Robert Valentine (Valentine) (former § 12022.7, subd. (a)). The court sentenced defendant to an aggregate term of incarceration of nine years eight months, striking punishment for the enhancements as to Giambra and Page, but imposing a three-year consecutive term for the enhancement as to Valentine.
On appeal, defendant makes four assignments of error: (1) the court erred in excluding evidence of the victims’ propensity for reckless driving as a potential defense of legal necessity; (2) the People committed prejudicial prosecutorial misconduct in ostensibly alluding to the pristine driving records of the…