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Name: People v. Weaver
Case #: D047993
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 04/09/2007

In determining whether to grant probation, the trial court may consider victim vulnerability (Cal. Rules of Court, rule 4.414(a)(3)) and it need not establish that the victim[s] was particularly vulnerable. After celebrating her college graduation with shots of alcohol, appellant drove her car without headlights, at an extremely high rate of speed, in the wrong direction on the freeway, at approximately 1:00 a.m. Three drivers were able to avoid her but she collided head-on with a fourth, injuring the driver and killing his wife, the passenger. Appellant pled guilty to violation of Penal Code section 191.5, subd. (a) and admitted an enhancement pursuant to Penal Code section 12022.7, subd. (a), and was sentenced to nine years in prison. The evidence here supported a finding of vulnerability as the victims had no advance warning or ability to avoid the collision. A 12022.7 personal infliction of great bodily injury enhancement attaches to the offense and not the victim. Therefore, the victim-specific offense of vehicular manslaughter will support the enhancement for injury inflicted on a victim other than the deceased. (People v. Oates (2004) 32 Cal.4th 1048.)