People v. Calhoun

Summary

The California Supreme Court held that a person convicted of gross vehicular manslaughter as an aider and abettor may receive the five-year Vehicle Code section 20001(c) enhancement for fleeing the scene. The court also held that multiple victims may support imposition of an upper-term sentence when the defendant was convicted of separate offenses involving multiple victims. The court reversed the Court of Appeal and remanded with instructions to reinstate the enhancement findings and sentences.

Holdings

1. An aider and abettor convicted of gross vehicular manslaughter may receive the Vehicle Code section 20001(c) enhancement when the defendant personally flees the scene after committing the underlying offense.
2. A trial court may rely on the fact that a single violent incident involved multiple victims to impose an upper-term sentence even when each victim is named in a separate count, provided the factor is stated on the record and the court does not use the same factor both to impose the upper term and consecutive sentences.

Questions Presented

1. Whether a defendant convicted of gross vehicular manslaughter as an aider and abettor may receive the five-year Vehicle Code section 20001(c) enhancement for fleeing the scene.
2. Whether a trial court may rely on the multiple-victim circumstance to impose an upper-term sentence when each victim is named in a separate count.

Disposition

reversed_and_remanded