California, United States of America
The following excerpt is from People v. Fields, 13 Cal.4th 289, 52 Cal.Rptr.2d 282, 914 P.2d 832 (Cal. 1996):
2 The parties do not dispute that the offense charged in count II, vehicular manslaughter while intoxicated ( 192, subd. (c)(3)), is a lesser included offense to gross vehicular manslaughter while intoxicated ( 191.5, subd. (a)), charged in count I. The requisite element of gross negligence in section 191.5, subdivision (a), is satisfied by a showing that the accused exercised " 'so slight a degree of care as to raise a presumption of conscious indifference to the consequences.' " (People v. Ochoa (1993) 6 Cal.4th 1199, 1204, 26 Cal.Rptr.2d 23, 864 P.2d 103, quoting People v. Bennett (1991) 54 Cal.3d 1032, 1036, 2 Cal.Rptr.2d 8, 819 P.2d 849.)
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