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Name: People v. B.
Case #: C100386
Opinion Date: 20251201
Attorney: William J. Capriola
Summary

The Court of Appeal agreed with appellant that his sentence of 15 years to life for gross vehicular manslaughter while intoxicated must be reversed because the prior conviction enhancement (Pen. Code, § 191.5, subd. (d)) did not apply. The evidence was undisputed that defendant’s 2012 conviction under Vehicle Code section 23152, subdivision (b) alleged in the information was his first DUI offense and therefore not punishable under section 191.5, subdivision (d). Accordingly, there was insufficient evidence to impose a 15-years-to-life-sentence under section 191.5, subdivision (d).