People v. Conner

Opinion

HANSON (P. D.), Acting P, J.

Appellant was sentenced to state prison for three years each on two manslaughter convictions (Pen. Code, § 192, subd. 3(a))

1

and four years each for two felony drunk driving convictions (Veh. Code, § 23153, subds. (a), (b)). Pursuant to section 654, the trial court stayed the sentences on the two manslaughter convictions and the Vehicle Code section 23153, subdivision (a), felony drunk driving conviction. Two prior convictions for drunk driving were found true (Veh. Code, § 23190).

[718]

II-III

*

IV

The Conviction for Violation of Vehicle Code Section 23153, Subdivision (a)

Appellant contends, citing

People

v.

Duarte

(1984) 161 Cal.App.3d 438, 448 [207 Cal.Rptr. 615], the stay imposed by the trial court on the Vehicle Code section 23153, subdivision (a), count must reflect that the conviction cannot be used for penal or administrative purposes. We agree.

In

Duarte,

we noted it is proper to charge and convict a defendant under both subdivision (a) and (b) of Vehicle Code section 23153, although the convictions result from “an indivisible driving event.”

{Ibid.)

However, the court must not only stay punishment on one conviction under section 654, but must also stay the use of one conviction for purposes of enhancement in the case of recidivism or for purposes of mandated administrative action. Such future use of both convictions is a type of multiple punishment and of course is prohibited.

(Duarte, supra,