People v. HicksAnnotate this Case
Defendant was convicted of second degree murder in connection with a vehicular death. At defendant's first trial, he was convicted of gross vehicular manslaughter while intoxicated, and the jury deadlocked on the charge of second degree murder. At defendant's second trial for second degree murder, the trial court refused to advise the jury that defendant had been convicted of gross vehicular manslaughter, a lesser related offense, in his first trial. In the published portion of the court's opinion, the court held that the trial court did not err in refusing to give that advisement. Even if the trial court erred in refusing to advise the jury that defendant had been convicted of gross vehicular manslaughter in the first trial, the error was harmless under the standard in either People v. Watson or Chapman v. California. Accordingly, the court affirmed the judgment.