People v. Munoz

The Court of Appeal affirmed defendant's conviction of second degree murder. Defendant was driving under the influence of alcohol and collided with another vehicle on the freeway, killing the passenger and injuring the driver. The Court of Appeal held that defendant was not entitled to an instruction on gross vehicular manslaughter while intoxicated as a lesser included offense; due process did not require the trial court to instruct on involuntary manslaughter; the trial court did not violate defendant's right to equal protection by refusing to instruct the jury on involuntary manslaughter; the prosecution was within its discretion to charge defendant with murder only and refuse to consent to an instruction on gross vehicular manslaughter while intoxicated; the trial court did not abuse its discretion in denying defendant access to a juror's contact information; and defendant failed to show that admission of a photograph depicting defendant smiling during his arrest for the charged crime resulted in a miscarriage of justice. View "People v. Munoz" on Justia Law