California v. Barber
Annotate this CaseA jury convicted Michael Barber of reckless driving. The jury also found true that Barber personally inflicted great bodily injury and proximately caused a loss of consciousness of another. The court placed Barber on formal probation for three years. Barber appealed, contending: (1) the trial court prejudicially erred when it refused to give a special jury instruction he proposed; (2) the great bodily injury enhancement finding had to be stricken because it was an element of reckless driving; and, in the alternative, (3) the matter should have been remanded with instructions to the trial court to determine whether to strike the great bodily injury finding in furtherance of justice. Additionally, while this matter was pending, the Court of Appeal granted Barber’s motion to file a supplemental opening brief. In that brief, he argued CALCRIM No. 2200 incorrectly defined one of the elements of reckless driving. Finding no merit to any of Barber's claims, the Court of Appeal affirmed his conviction and probation.
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