People v. Ochoa
Supreme Court of California
864 P.2d 103 (1993)
Relevant factsFree
Alberto Ochoa (defendant), while intoxicated, hit a car and killed both occupants. Ochoa had a prior DUI conviction and had attended alcohol-awareness traffic school. He was convicted of two counts of gross vehicular manslaughter while intoxicated and one count of hit-and-run. The court of appeal reversed the gross-manslaughter convictions for insufficient evidence of gross negligence, and the prosecution sought review.
IssueFree
Whether evidence that a defendant actually knew the risks of driving while intoxicated is sufficient to support a finding that he acted with gross negligence.