California, United States of America
The following excerpt is from People v. Feliz, F060364 (Cal. App. 2011):
We reject as unpersuasive appellant's argument that, even excluding the manslaughter victim, the felony drunk-driving counts are lesser included offenses of vehicular manslaughter while intoxicated. The authority he cites does not support this argument. (See Wilkoff v. Superior Court (1985) 38 Cal.3d 345, 349 ["one instance of drunk driving is chargeable as only one count of felony drunk driving (i.e., one count of [Veh. Code,] 23153, subd. (a) and one count of subd. (b)) even if more than one person is injured thereby"], fn. omitted.) We further observe that, consistent with the principles set forth in Wilkoff, appellant was properly charged with only one count each of violating subdivision (a) and subdivision (b) of Vehicle Code section 23153.
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