People v. Givan
Annotate this CaseGivan was driving in excess of the speed limit, ran a red light, and struck a vehicle driven by Fulce. Fulce’s wife died as a result of the accident. Fulce and another passenger sustained injuries. Approximately one hour after the accident, Givan had a blood alcohol level of 0.17 percent. He was charged with gross vehicular manslaughter while intoxicated; driving under the influence and causing bodily injury; and driving with an excessive blood alcohol level causing injury. The information alleged that Givan caused great bodily injury to more than one victim, had a blood alcohol level of 0.15 percent or more, inflicted great bodily injury on a victim older than age 70, and that each count was a serious felony. A jury found him guilty; the trial court found that Givan had been previously convicted of five felonies. On count 1, he was sentenced to 25 years to life, plus enhancements. The court stayed sentence on counts 2 and 3. The court of appeal rejected arguments that the court should have sua sponte instructed the jury on a mistake of fact defense after Givan argued that his ingestion of Monster Energy drinks masked his ability to perceive alcohol impairment and that counsel rendered constitutionally ineffective assistance in not requesting that instruction. The court agreed that count 2 is a lesser included offense of count 1 and reversed that conviction.
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