People v. Sanchez

Opinion

GEORGE, C. J.—

We are called upon to determine whether the offense of gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a))1 is a lesser included offense of murder. (§ 187.) We conclude, as did the Court of Appeal, that it is not.

I

Defendant was charged by information filed July 5, 1995, with (1) the murder of Royal Williams (§ 187); (2) gross vehicular manslaughter while *986intoxicated (based upon the death of Royal Williams) (§ 191.5, subd. (a)); (3) driving under the influence of alcohol, causing injury to Richard Conrad (Veh. Code, § 23153, subd. (a)); (4)…