What is the test for admitting a prior conviction for gross vehicular manslaughter?

California, United States of America


The following excerpt is from People v. Smith, 228 Cal.App.3d 788, 279 Cal.Rptr. 184 (Cal. App. 1991):

4 Otherwise, Penal Code section 191.5, gross vehicular manslaughter, would simply be duplicative of Penal Code section 192, subdivision (c)(3), which defines vehicular manslaughter while intoxicated, but without gross negligence. (People v. Von Staden (1987) 195 Cal.App.3d 1423, 1426-1427, 241 Cal.Rptr. 523.)

5 Defendant argues that admission of his prior conviction was error because the jury may have used this evidence of his prior bad acts as proof that he committed the charged offense, in violation of Evidence Code section 1101. He concedes that the evidence was not introduced for this purpose. Moreover, the prosecutor specifically argued that the evidence was relevant to gross negligence. It was admissible for this purpose. (People v. Costa, supra, 40 Cal.2d at pp. 166-167, 252 P.2d 1.) Nothing in the record suggests that the jury used this evidence for the impermissible purpose suggested by defendant.

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