On September 3, 1980, Alberto Ochoa (defendant) hit a car while driving intoxicated. The two occupants of the car died as a result of the accident. Ochoa had a prior conviction for driving under the influence of alcohol and had attended traffic school, including a class on alcohol awareness. Ochoa was convicted of two counts of gross vehicular manslaughter while intoxicated and one count of hit-and-run driving. He appealed, arguing that there was insufficient evidence to support a finding that he acted with gross negligence. The court of appeals agreed, reversed Ochoa’s gross vehicular manslaughter convictions, and remanded for resentencing for the lesser offense of vehicular manslaughter. The prosecution sought review from the state supreme court.