Is a conviction for vehicular manslaughter while intoxicated a serious or violent felony?

California, United States of America


The following excerpt is from People v. Puls, E064118 (Cal. App. 2018):

As defendant concedes, however, his vehicular-manslaughter-while-intoxicated conviction constitutes a serious felony if the record of the conviction in case No. FVI801098 shows, for example, that it involved defendant's personal infliction of great bodily injury on any person other than an accomplice. ( 1192.7, subd. (c)(8); see People v. Wilson (2013) 219 Cal.App.4th 500, 511-513.) The record on appeal does not include the record of defendant's conviction in case No. FVI801098. Nor does the record on appeal indicate that defendant's conviction for vehicular manslaughter while intoxicated involved defendant's infliction of great bodily injury on any person other than an accomplice. Thus, as defendant argues, it is unclear whether his section 191.5,

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subdivision (b) conviction is a serious or violent felony within the meaning of section 667, subdivisions (d) and (e)(2)(C)(iv).

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