What is the test for reversing a conviction for driving with a .08 percent blood alcohol level and causing injury?

On November 2, 2007, we granted the appellant's application to file a supplemental letter brief received on October 31, 2007. In the supplemental letter brief, appellant contended that her conviction for driving with a .08 percent blood alcohol level and causing injury must be reversed because it is a lesser included offense within her conviction for vehicular manslaughter without gross negligence, citing People v. Binkerd (2007)155 Cal.App.4th 143 [66 Cal.Rptr.3d 675].