In a motor vehicle accident, can a defendant be charged with second degree murder based on driving while intoxicated?
California, United States of America
The following excerpt is from People v. Moreno, F080976 (Cal. App. 2021):
included offenses of second degree murder based on driving while intoxicated under the facts of this case. (People v. Moreno, supra, F074533 at p. 2.)
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