What is the test for reversing a conviction of vehicular manslaughter while intoxicated?
California, United States of America
The following excerpt is from People v. Arrowsmith, C083198 (Cal. App. 2019):
Because the prosecution did not prove each element of defendant's vehicular manslaughter while intoxicated conviction, we must reverse this conviction and strike the enhancements attached to that count. (See People v. Miranda (1994) 21 Cal.App.4th 1464, 1468-1469 [striking enhancement attached to reversed conviction].)
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