People v. Rebosio CA4/2

I.

INTRODUCTION

Defendant and appellant, Dominic Daniel Rebosio caused a fatal automobile

accident. Codefendant Robert Gybsbert DeJager, Jr. assisted Rebosio in fleeing from the

accident scene. Rebosio and DeJager (defendants) were tried together but separately

appeal the judgment. They join in each other’s arguments on appeal, to the extent they

apply.

Rebosio appeals from judgment entered following jury convictions for gross

vehicular manslaughter (Pen. Code, § 192, subd. (c)(1); count 1) and hit and run resulting

in death (Veh. Code, § 20001, subd. (b)(2); count 2). In a bifurcated trial, the jury also

found true allegations that Rebosio had a prior conviction for a serious felony (Pen. Code,

§ 667, subd (a)(1)) and a prior strike conviction (Pen. Code, §§ 667 & 1170.12). The

court sentenced Rebosio to 19 years in prison.

Rebosio contends the trial court erred in allowing expert testimony that he violated

the Vehicle Code and drove negligently, in disregard for the safety of others. Rebosio

further argues that the jury instruction on gross vehicular manslaughter was inadequate

because it did not instruct on all of the elements of the underlying speeding…