This section contains the nature of the case and procedural background.

Ochoa (D) and his family attended a barbecue at his sister-in-law's house. They had three 12 packs of beer that was consumed by four adults. D drank from 17-22 beers. D went to sleep at his sister-in-law's house but woke up about 2 hours later and entered his Ford Bronco and headed home alone. D was driving home at 60-65 mph. D eventually hit a car and killed two occupants. Evidence presented at trial indicated that D was speeding and driving without due care. D was arrested with a .128 reading two hours after the accident. Experts testified that at the time of the accident the blood alcohol level may have been as high as .15 a level sufficient to render a driver incapable of safely operating a motor vehicle. D was convicted of gross vehicular manslaughter while intoxicated. The Court of Appeals ruled the evidence insufficient to sustain the verdict. The People appealed.

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