People v. Johnson

A jury convicted defendant and appellant William Donald Johnson of gross vehicular manslaughter while intoxicated (Pen. Code, 1 § 191.5, subd. (a) ; count 2) and hit and run with injury (Veh. Code, § 20001, subd. (a) ; count 3). The jury also found true two enhancement allegations; defendant fled the scene (Veh. Code, § 20001, subd. (c) ; count 2) and the collision resulted in a fatality (Veh. Code, § 20001, subd. (b)(2) ; count 3). The jury did not reach a unanimous verdict on the other charged count, second degree murder (Pen. Code, § 187, subd. (a) ; count 1), and the trial court granted a mistrial with respect to that count. On retrial with respect to count 1, a new jury found defendant guilty of second degree murder.

In this appeal, defendant contends that the trial court erred during his retrial by not informing the jury that he had been convicted in the first trial of gross vehicular manslaughter while intoxicated, and that the error requires reversal of his second degree murder conviction. We agree that the trial court's instructions to the jury for defendant's retrial were erroneous in several respects, and the second degree murder conviction must be reversed.

I.…