In a personal injury case, can a defendant be convicted of gross vehicular manslaughter while under the influence of alcohol?

California, United States of America


The following excerpt is from In re Friend, G046216 (Cal. App. 2013):

In Miranda, the defendant was convicted of gross vehicular manslaughter while under the influence, driving while intoxicated causing injury, vehicular manslaughter, and hit and run. On appeal, the court reversed the conviction for driving while intoxicated causing bodily injury, and vehicular manslaughter and struck an enhancement for driving while intoxicated and causing injury since they were lesser included offenses of gross vehicular manslaughter while under the influence. (People v. Miranda, supra, 21 Cal.App.4th at pp. 1468-1469.)

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