California, United States of America
The following excerpt is from People v. Ho, 237 Cal.Rptr.3d 120, 26 Cal.App.5th 408 (Cal. App. 2018):
any other relevant aspects of his conduct." ( People v. Ochoa (1993) 6 Cal.4th 1199, 1207, 26 Cal.Rptr.2d 23, 864 P.2d 103.) As the prosecutor argued in closing, defendant's drug use was but one factor tending to prove defendant's gross negligence: "She had already been in an accident at 11 a.m., and now she doesn't take herself off the road? She's been up all night partying. She's on all kinds of medications. She's partying. She hasn't slept. She's speeding because she's late for work. She tells her mom, I'm already late for work. And you have her going 65 to 75 miles an hour when she takes this young man and pins him against the flatbed."
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