People v. Miranda

California Court of Appeal Jan 18, 1994 No. H010461Published

Before: Wunderlich

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Holding. The court held that driving under the influence causing injury (Veh. Code, § 23153, subd. (a)) and vehicular manslaughter (Pen. Code, § 192, subd. (c)(1)) are necessarily included offenses of gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)), and therefore multiple convictions for the same conduct are improper.

Issues

Whether driving under the influence causing injury is a necessarily included offense of gross vehicular manslaughter while intoxicated.
Whether vehicular manslaughter is a necessarily included offense of gross vehicular manslaughter while intoxicated.

Disposition. reversed

Quotations verified verbatim against the opinion

“We agree with appellant’s contention and reverse the convictions on the included offenses.”

“For purposes of determining the propriety of multiple convictions, an offense is necessarily included if the crimes are defined in such a way as to make it impossible to commit the greater offense without also committing the lesser.”

“When the focus of our analysis is directed at Penal Code section 191.5 rather than manslaughter in general, it becomes apparent that Vehicle Code section 23153, subdivision (a) is necessarily included in Penal Code section 191.5.”

Opinion

WUNDERLICH, J.

In this appeal, Epifano Miranda challenges his convictions of driving under the influence causing injury (Veh. Code, § 23153, subd. (a)) and vehicular manslaughter (Pen. Code, § 192, subd. (c)(1)), arguing these offenses are necessarily included within gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)). We agree with appellant’s contention and reverse the convictions on the included offenses.

Background

Appellant was charged in a four-count information with gross vehicular manslaughter while intoxicated (count 1, Pen. Code, § 191.5, subd. (a)), driving under the influence causing injury (count 2, Veh. Code, § 23153, subd. (a)), vehicular manslaughter (count 3, Pen. Code, § 192, subd. (c)(1)), and hit-and-run driving (count 4, Veh. Code, § 20002, subd. (a)). The victim of each count was Jose Villanueva, a passenger in appellant’s car. The information further alleged that appellant caused bodily injury to another passenger, Carlos Torres, while committing the offenses charged in counts 1 and 2, within the meaning of Vehicle Code section 23182. Attached to count 2 were two prior conviction allegations, charging appellant with having suffered violations of Vehicle Code section 23152, subdivision (a) (driving under the influence) and Vehicle Code section 23103 (reckless driving).

These charges arose after appellant’s car collided with another car and a tree. Appellant and Torres were injured; Villanueva was killed. The prosecution presented evidence that appellant was under the influence of heroin at the time of the accident. After a court trial, appellant was found guilty of all charges. The court imposed a prison term as follows: six years on count one, with a one-year enhancement pursuant to Vehicle Code section 23182 for the injury to Carlos Torres; three years on count 2, enhanced by one year for the injury to Torres; four years on count 3; and six months in jail, concurrent to count 1, for the misdemeanor hit-and-run conviction. The prison terms imposed for counts 2 and 3 were stayed pursuant to Penal Code section 654.

Discussion

Appellant contends that both driving under the influence with ■ injury and gross vehicular manslaughter are necessarily included within the

[1467]

People v. Miranda

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WUNDERLICH, J.

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