People v. Hovda

[1357]

Opinion

ROBIE, J.

Defendant Todd Hovda had five convictions for driving under the influence and finally killed someone. A jury found him guilty of gross vehicular manslaughter while intoxicated (a felony) and driving with a license suspended for driving under the influence (DUI) (a misdemeanor), and it found he had a prior DUI conviction. The trial court found he had five prior DUI convictions. The court sentenced him to prison for 15 years to life on the felony and a concurrent 30 days on the misdemeanor.

In the published part of our opinion, we conclude the trial court did not err in failing to instruct the jury that gross negligence—one of the elements of gross vehicular manslaughter while intoxicated (see Pen. Code, § 191.5, subd. (a))—requires conscious indifference to consequences. No such instruction was necessary because CALCRIM No. 590, the pattern instruction on gross vehicular manslaughter while intoxicated the trial court gave here, conveys the equivalent of “conscious indifference” by informing the jury that gross negligence exists only if “[a] reasonable person would have known that acting in that way would create” “a high risk of death or great bodily injury.”

In the unpublished part of our opinion, we conclude the trial court did not improperly impose two restitution fines, but we nonetheless order minor corrections to the abstract of judgment relating to the fines the court imposed.

DISCUSSION

I

Gross Vehicular Manslaughter

The underlying facts are not material to our decision. Suffice it to say that in January 2006, defendant was speeding while intoxicated and crashed his car into another car, killing his passenger. On appeal, he contends CALCRIM No. 590—the pattern instruction on gross vehicular manslaughter while intoxicated given in this case—“failed to advise the jury that it [had to] find that [he] was consciously indifferent to the consequences of his conduct,” which he contends is an “essential element of gross negligence.” We find no merit in this argument.