California v. Bettasso
Annotate this CaseMichael Bettasso was convicted by jury of driving under the influence (DUI) of alcohol causing injury, hit and run driving causing death, driving with a suspended license, and second degree implied malice murder. The jury also found true a great bodily injury enhancement associated with the DUI count. Bettasso was sentenced to a total term of 19 years to life. On appeal, Bettasso challenged the sufficiency of the evidence supporting the second degree murder conviction and also contended the trial court prejudicially erred by failing to instruct the injury on vehicular manslaughter as a lesser included offense of murder. In the published portion of its opinion, the Court of Appeal held that vehicular manslaughter was not a lesser included offense of murder. In the unpublished portion, the Court rejected Bettasso’s substantial evidence challenge, and accordingly affirmed the judgment.
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