Does a defendant have to be convicted of gross vehicular manslaughter while intoxicated?
California, United States of America
The following excerpt is from People v. Klein, B295039 (Cal. App. 2020):
In addition, although a defendant cannot be convicted of both an offense and a lesser offense necessarily included within that offense based upon his or her commission of the identical act (People v. Ortega, supra, 19 Cal.4th at p. 692),18 because count 2, gross vehicular manslaughter while intoxicated, was dismissed
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