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People v. Hoffman8/4/2004
Appellant, John Hoffman, was found guilty after a jury trial of vehicular manslaughter while driving under the influence of alcohol or a controlled substance (Pen.Code, § 192, subd. (c)(3), count two). The jury acquitted Hoffman of vehicular manslaughter with gross negligence while being under the influence of alcohol or a controlled substance (Pen.Code, § 191.5, subd. (a), count one) and causing bodily injury while driving under the influence of alcohol or a controlled substance (Veh.Code, § 23153, subd. (a), count three). Hoffman waived his rights and admitted one prior prison term enhancement (Pen.Code, § 667.5, subd. (b)). The trial court sentenced Hoffman to prison for the four-year upper term. The court added one year for the enhancement for a total prison term of five years.
On appeal, Hoffman contends the trial court erred in allowing the prosecution to submit evidence that Hoffman possessed methamphetamine residue, an uncharged offense or bad act. Hoffman further contends the trial court erroneously instructed the jury by giving the jury a written instruction with stricken text that was still legible.
FACTS
At 5:15 p.m. on March 11, 2003, Dr. Joy Kimpo was driving home from her job at the Shafter Medical Clinic in Kern County, when she was broadsided by a large truck driven by Hoffman. Hoffman ran his truck through the stop sign at the intersection of Whistler and Highway 43 forcing Kimpo's small sport utility vehicle and Hoffman's truck into a ditch.
Kimpo was rushed to the hospital by helicopter. Kimpo's husband saw her briefly before she was taken to the operating room. Kimpo soon learned that his wife died.
Hoffman crawled out of the window of his jack-knifed truck. Hoffman crawled back into the cab of the truck and then exited again and was taken to the hospital. Prior to administering treatment, the medical staff had a urine sample tested which came back positive for the presence of amphetamine. In the hospital, Hoffman threw a container of urine at a nurse. He was combative and uncooperative.
Though Hoffman had a head injury, the registered nurse who treated him in the emergency room opined that Hoffman's behavior was caused by the amphetamine. Hoffman's heart rate was fast, which was consistent with amphetamine in his system rather than the sedatives he was given at the hospital. California Highway Patrol (CHP) Officer Jeffrey Lawson, an expert in drug intoxication, observed Hoffman in the hospital. Lawson saw Hoffman curled up in the fetal position. Hoffman was panting and wide-eyed. Lawson explained that Hoffman's conduct was consistent with someone who had spent a long time under a stimulant without sleep. Lawson believed Hoffman was under the influence of an amphetamine and collected a urine sample. A Kern County criminalist found amphetamine and the strong presence of methamphetamine in Hoffman's urine sample.
On March 14, 2003, CHP Officer Ben Palmer searched Lawson's truck and found a duffel bag in the sleeping area containing a coffee grinder, a gray ceramic bowl, a glass bowl containing white residue, a metal spoon, and coffee filters. Each of these items contained a white residue that tested positive for methamphetamine. [FN1] Palmer found nothing mechanically wrong with the truck.
FN1. The recovered items tested presumptively positive for the presence of ephedra and amphetamine in a field test.
*2 During in limine motions, Hoffman objected to introduction of evidence of the presence of methamphetamine residue on the coffee grinder, ceramic bowl, glass bowl, metal spoon, and coffee filter papers because it constituted inadmissible uncharged crimes evidence that was unduly prejudicial. The prosecutor replied that because the amounts found were not usable, no illegal possession charge wa
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