People v. Demacedo

Summary

The California Court of Appeal held that driving under the influence causing injury under Vehicle Code section 23153 is not a lesser included offense of gross vehicular manslaughter while intoxicated under Penal Code section 191.5, subdivision (a), when the offenses involve different victims. The court affirmed the convictions but remanded for the trial court to itemize the fines, fees, and assessments and prepare an amended abstract of judgment.

Holdings

1. DUI causing injury under Vehicle Code section 23153 is not a lesser included offense of gross vehicular manslaughter while intoxicated under Penal Code section 191.5, subdivision (a) when the two offenses are predicated on different victims. Accordingly, Demacedo could be convicted of both offenses.
2. The trial court erred by ordering Demacedo to pay a total of $2,805 in fines and assessments without identifying each fine, fee, or assessment, its amount, and its statutory basis. Remand was required for correction of the abstract of judgment.

Questions Presented

1. Whether DUI causing injury under Vehicle Code section 23153, subdivisions (a) and (b), is a lesser included offense of gross vehicular manslaughter while intoxicated under Penal Code section 191.5, subdivision (a) when the offenses involve different victims.
2. Whether remand was required because the trial court ordered fines, fees, and assessments totaling $2,805 without specifying the amount and statutory basis of each charge.

Disposition

reversed_and_remanded