People v. Miranda

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)),…