People v. Ferguson
194 Cal. App. 4th 1070
| Cal. Ct. App. | 2011Background
- Ferguson convicted of second degree murder, DUI causing great bodily injury, and BAC 0.08+ causing great bodily injury.
- He sought CALCRIM No. 626 unconsciousness instruction for a partial defense reducing to involuntary manslaughter; the trial court denied.
- Event data recorder (EDR) data from Ferguson’s car showed 75 mph and acceleration before impact; data admitted under warrant.
- Sentencing included denial of section 1170.9 combat veteran PTSD-based alternative sentencing; same court imposed 15 years to life for count 1, concurrent terms for count 2, and stayed count 3.
- Facts show the Feb. 22, 2008 crash killed Michael Sein and severely injured Grace Sein; Ferguson was intoxicated, attempted to self-calm and drive home, and required intervention by fellow Marines.
- Evidence included Liberty briefings on base warning against DUI and testimony about Ferguson’s Iraqi deployment and PTSD-related symptoms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Unconsciousness defense instruction denied | Ferguson argues unconsciousness from voluntary intoxication could reduce to involuntary manslaughter | Ferguson asserts CALCRIM 626 should have been given as partial defense | No error; insufficient evidence of unconsciousness at the time of the crash |
| Admissibility of event data recorder data | EDR data should be excluded under Vehicle Code 9951 | Data lawfully obtained via warrant and admissible | Admissible; statute does not preclude use when data obtained under court order |
| Denial of 1170.9 sentencing for combat veterans | Court failed to properly consider 1170.9 alternative sentencing | Probation could be appropriate under 1170.9 given PTSD/substance issues | Not reversible; court did not abuse discretion; substantial reasons supported denial and record showed ineligibility for probation. |
Key Cases Cited
- People v. Martin, 78 Cal.App.4th 1107 (Cal.App. 2000) (driving under the influence can support second degree murder under implied malice)
- People v. Autry, 37 Cal.App.4th 351 (Cal.App. 1995) (implied malice in drunk driving context)
- People v. Watson, 30 Cal.3d 290 (Cal. 1981) (drunk driving and conscious disregard for life; implied malice standard)
- People v. Ochoa, 19 Cal.4th 353 (Cal.S. 1998) (nonstatutory involuntary manslaughter via unconsciousness from voluntary intoxication)
- People v. Halvorsen, 42 Cal.4th 379 (Cal.S. 2007) (unconsciousness instruction not warranted where defendant lacked awareness of actions)
- People v. Sedeno, 10 Cal.3d 703 (Cal. 1974) (definition of unconscious act for purposes of criminal liability)
- People v. Sanchez, 24 Cal.4th 985 (Cal. 2001) (concept of lesser included offenses; modules of involuntary manslaughter in driving context (overruled on other grounds))
- People v. Breverman, 19 Cal.4th 142 (Cal. 1998) (standard for requesting lesser included offenses and evidentiary support)
- Butler v. Bruhn, 187 Cal.App.4th 998 (Cal.App. 2010) (nonstatutory involuntary manslaughter theories and related evidentiary support)
- People v. Bruhn, 210 Cal.App.3d 1195 (Cal.App. 1989) (probation and sentencing considerations)