Can a motorcyclist be found guilty of vehicular manslaughter?

As a general matter, manslaughter can be a lesser included offense of murder. (People v. Berryman (1993) 6 Cal.4th 1048, 1080 [overruled on other grounds by People v. Hill (1998) 17 Cal.4th 800].) However, vehicular manslaughter cannot be a lesser included offense of murder under the statutory elements test. This is so because the offense of vehicular manslaughter includes the element of driving a vehicle, which is not

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an element of murder. Therefore, by killing a victim without using a vehicle, one can commit murder without committing vehicular manslaughter. (See People v. Sanchez (2001) 24 Cal.4th 983, 989 [gross vehicular manslaughter while intoxicated is not a lesser included offense of murder because it requires proof of elements not required to prove murder].)