People v. Elder
Annotate this CaseA jury convicted Elder of gross vehicular manslaughter while intoxicated (Pen. Code, 191.5(a)); driving under the influence of alcohol causing injury (Veh. Code, 23153(a)); and driving with a blood-alcohol concentration of 0.08% or greater causing injury (Veh. Code, 23153 (b)). The jury found true allegations that he inflicted great bodily injury (Pen. Code, 12022.7(a)) and inflicted bodily injury to multiple victims (Veh. Code, 23558). Defendant was sentenced to 13 years in prison: two years on the Vehicle Code section 23153 charge; three consecutive three-year terms for three separate Penal Code section 12022.7(a) enhancements; and a consecutive two-year term for the Vehicle Code section 23558 enhancement. The court of appeal affirmed the conviction, upholding denial of a motion to suppress evidence of Elder’s blood-alcohol chemical test results and a motion to compel discovery of records relating to other collisions at the same location; exclusion of evidence of a chemical test result indicating a high blood-alcohol level of the victim driver; and jury instructions on the principle of causation. The court remanded for resentencing, finding that the trial court erred in imposing a consecutive two-year term for the Vehicle Code section 23558 enhancement because the enhancements involved the same victims.
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