P. v. Hernandez
Defendant pled guilty to vehicular manslaughter without gross negligence while intoxicated (count 1former Pen. Code, 192, subd. (c)(3)), driving under the influence of a drug while causing an injury (count 2Veh. Code, 23153, subd. (a)), and child endangerment (count 3Pen. Code, 273a, subd. (a)). Additionally, defendant admitted she caused injury to an additional victim in her commission of the offense in count 1 (Veh. Code, 23558) and that she personally inflicted great bodily injury upon two victims in her commission of the offense in count 2 (Pen. Code, 12022.7, subd. (a)). On appeal, defendant contends the court erred in permitting her conviction as to both counts 1 and 2, as count 2 was a lesser included offense of count 1. The People concede the issue. Court agree and, therefore, reverse defendants conviction under count 2 and strike the corresponding enhancements. In all other respects, the judgment is affirmed.
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