The Court of Appeal agreed with appellant that his convictions for DUI causing injury (Veh. Code § 23153, subds. (a), (b); count 5 and count 6) must be reversed under the statutory elements test because they are lesser included offenses of gross vehicular manslaughter while intoxicated (§ 191.5, subd. (a); count 3 and count 4). The court also ordered the trial court to strike the great bodily injury enhancements (§ 12022.7, subd. (a)) attached to the reversed convictions. The court remanded for a full resentencing hearing.
Panel Victories
