Is marijuana use an aggravating factor in determining the sentence of a driver convicted of manslaughter with gross negligence while intoxicated?

Hammond contends it was improper for the trial court to consider his marijuana use an aggravating factor because doing so "had the practical effect of [convicting] and sentencing [him] for an offense with which he had not been charged"vehicular manslaughter with gross negligence while intoxicated ( 191.5, subd. (a)). This contention lacks merit. "[W]here the facts surrounding the charged offense exceed the minimum necessary to establish the elements of the crime, the trial court can use such evidence to aggravate the sentence." (People v. Castorena (1996) 51 Cal.App.4th 558, 562 [trial court properly considered malicean element of second degree murderan aggravating factor in selecting the upper term on a conviction for vehicular manslaughter with gross negligence].) Thus, because marijuana use is not an element of vehicular manslaughter with gross negligence, the trial court could properly consider it an aggravating factor.