Cook

People v. Cook

Good Law
186 Cal. Rptr. 3d 459·2015 Cal. App. LEXIS 353·236 Cal. App. 4th 341
Court of Appeal of CaliforniaApril 28, 2015No. E054307California1,723 words

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…

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