P. v. Hampton CA3
A jury found defendant Jonathan Hampton guilty of involuntary manslaughter and found true an associated firearm enhancement. He was sentenced to an aggregate term of eight years in prison. The trial court imposed a restitution fine of $300 and defendant received 5,043 days of custody credits against his sentence. Defendant was given credit for time served.
Defendant appeals, contending the trial court failed to instruct the jury on the intent element of involuntary manslaughter, thereby violating his rights to due process and a jury trial guaranteed by the United States Constitution. Specifically, he argues the trial court committed reversible error by failing to instruct the jury on criminal negligence. He further argues the trial court’s failure to apply excess custody credits to the restitution fine violated the ex post facto clause of article I, section 10, of the United States Constitution.
Comments on P. v. Hampton CA3