California, United States of America
The following excerpt is from People v. Cannan, G040991 (Cal. App. 6/15/2009), G040991. (Cal. App. 2009):
To convict someone of the latter crime, the prosecution must prove a person "(1) dr[ove] a vehicle while intoxicated; (2) when so driving, committing some unlawful act, such as a Vehicle Code offense . . ., or commit[ted] . . . an ordinarily lawful act which might produce death; and (3) as a proximate result of the unlawful act or the negligent act, another person was killed. [Citation.]" (People v. Verlinde (2002) 100 Cal.App.4th 1146, 1159 [stating elements of a violation of gross vehicular manslaughter while intoxicated under Pen. Code, 191.5, subd. (a)].) The first two sentences of the memorandum of decision's introductory paragraph reflect defendant's conviction "a[rose] from the operation of a motor vehicle while intoxicated" where he "crossed the center line and collided with a motorcycle, killing the driver."
As for the Arizona conviction's status as a serious felony, a vehicular manslaughter conviction under Penal Code section 191.5 has been held eligible to be "a serious felony if in the commission of the crime the defendant personally inflicts great bodily injury on any person other than an accomplice . . . ." (People v. Gonzales (1994) 29 Cal.App.4th 1684, 1688 [applying rule to gross vehicular manslaughter conviction under Pen. Code, 191.5, subd. (a)].) In this case, defendant does not contend the motorcyclist did not suffer great bodily injury as a result of the accident.
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