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P. v. Mason

P. v. Mason
02:28:2007

P


P. v. Mason


Filed 2/8/07  P. v. Mason CA6


Opinion following rehearing


NOT TO BE PUBLISHED IN OFFICIAL REPORTS


 


California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA


SIXTH APPELLATE DISTRICT







THE PEOPLE,


Plaintiff and Respondent,


v.


SHAVOUGUE ANTOINE MASON,


Defendant and Appellant.



      H028624


     (Monterey County


      Super. Ct. No. SS033582)


            Defendant Shavougue Antoine Mason was sentenced to 45 years to life in state prison.  He was convicted of killing Rene Porras, Rosalinda Gonzales, and the couple's unborn child when he drove at excessive speed through a stop sign under the influence of alcohol on December 4, 2003.  On appeal, he challenges the sufficiency of the evidence of mental state, the admissibility of his driving history of Vehicle Code violations and accidents, and a jury instruction which created â€





Description Defendant was sentenced to 45 years to life in state prison. He was convicted of killing Rene Porras, Rosalinda Gonzales, and the couple's unborn child when he drove at excessive speed through a stop sign under the influence of alcohol on December 4, 2003. On appeal, he challenges the sufficiency of the evidence of mental state, the admissibility of his driving history of Vehicle Code violations and accidents, and a jury instruction which created "an impermissible conclusive presumption in violation of [defendant's] right to due process of law." Court affirmed.

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