P. v. Samoff CA4/3
Jonathan Aaron Samoff was convicted of second degree murder. The prosecutor’s theory was he acted with conscious disregard for human life when he drove a speeding car while intoxicated, causing an accident which resulted in the death of his passenger.
Samoff appeals, arguing the prosecutor abused his discretion by refusing to agree that the jury could be instructed on the lesser charge of gross vehicular manslaughter. He also contends the trial court erred by refusing to instruct on the lesser charge because it qualifies as a lesser included offense of murder under an “expanded” accusatory pleading test. We reject both claims and affirm.
As Samoff acknowledges, our Supreme Court determined in People v. Sanchez (2001) 24 Cal.4th 983 (Sanchez) that gross vehicular manslaughter is not a lesser included offense (LIO) of murder.
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