What is the result of a jury's verdict in the case of a driver convicted of second degree murder and driving under the influence of alcohol or drugs causing injury?
California, United States of America
The following excerpt is from People v. Torres, C082393 (Cal. App. 2018):
The jury convicted defendant of second degree murder (Pen. Code, 187 -- counts 1 through 3),1 gross vehicular manslaughter while intoxicated ( 191.5, subd. (a) -- counts 4 through 6), and driving under the influence of alcohol or drugs causing injury (Veh. Code, 23153, subd. (a) -- count 7). The trial court dismissed the conviction for driving under the influence causing injury because it is a lesser included offense of gross vehicular manslaughter. (See People v. Binkerd (2007) 155 Cal.App.4th 1143, 1148-1150.) The trial court also dismissed various multiple-victim enhancement allegations because the jury was never given verdict forms for them. The trial court sentenced defendant to 45 years to life in state prison.
Defendant contends the trial court's response to a jury question coerced a guilty verdict. We disagree.
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