Defendant's vehicular manslaughter conviction is affirmed where the trial court did not err in failing to instruct the jury that gross negligence requires conscious indifference to consequences, because CALCRIM No. 590, the pattern instruction on gross vehicular manslaughter while intoxicated the trial court gave, conveyed 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.
Filed August 24, 2009
Opinion by Judge Robie
Patricia L. Watkins
Michael P. Farrell, Senior Assistant Attorney General
Julie A. Hokans, Supervising Deputy Attorney General