P. v. Merlen
Following a jury trial, defendant was found guilty of gross vehicular manslaughter while intoxicated. (Pen. Code, 191.5, subd. (a) [hereafter section 191.5(a)].) The trial court found true defendants prior conviction for driving under the influence causing injury. Probation was denied and defendant was sentenced to state prison for a term of 15 years to life.
On appeal, defendant contends the police officer who testified at trial that defendant had been driving under the influence of a drug was not qualified to rely on the toxicology report in rendering his opinion. He also claims there was insufficient evidence that he was under the influence of a drug for purposes of section 191.5(a). Finding no merit in these contentions, Court affirm.
Comments on P. v. Merlen