People v. Barooshian
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The case revolves around the defendant, Adam Daniel Barooshian, who was convicted of murder under a Watson murder theory in his second trial. The Watson murder theory refers to a situation where a person who kills another while driving under the influence of alcohol may be charged with second-degree murder if the circumstances support a finding of implied malice. In Barooshian’s first trial, the jury did not reach a verdict on a murder charge but convicted him of gross vehicular manslaughter while intoxicated among other offenses.
Barooshian argued that his second trial violated double jeopardy principles because gross vehicular manslaughter while intoxicated should be considered a necessarily included (or lesser included) offense of a Watson murder. However, the court noted that under California law, a lesser offense is necessarily included in a greater offense if either the statutory elements of the greater offense or the facts actually alleged in the accusatory pleading include all the elements of the lesser offense.
The Court of Appeal, Fourth Appellate District Division One State of California, affirmed the judgment of the Superior Court of San Diego County. The court held that gross vehicular manslaughter while intoxicated is not a lesser included offense of murder. The court also rejected Barooshian's argument that his second trial violated double jeopardy principles. The court concluded that Barooshian had not persuaded them to create a new test to apply to his second trial.
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