P. v. Whatley
Based on a traffic accident in which defendant Lamar Whatley caused the death of one person and injuries to three others while driving intoxicated, a jury found him guilty of gross vehicular manslaughter while intoxicated (count one), driving under the influence with injury (count two), and driving with a blood-alcohol level of .08 percent or more (count three). As to counts two and three, the jury also found true that defendant injured more than one person and inflicted great bodily injury within the meaning of Vehicle Code section 23558 and Penal Code section 12022.7, respectively.
On appeal, defendant contends the courts imposition of the upper term on count one and a consecutive term on count two violated his federal constitutional right to trial by jury and proof beyond a reasonable doubt because the court relied on a fact neither found by the jury nor admitted by defendant to impose that sentence. Court reject these contentions.
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