P. v. Barba-Rejon
Misael Eduardo Barba-Rejon appeals from a judgment upon a jury verdict finding him guilty of three counts of vehicular manslaughter while intoxicated, without gross negligence (Pen. Code, 192, subd. (c)(3)[1] (counts one to three)). The jury also found defendant guilty of driving under the influence causing injury (Veh. Code, 23153, subd. (a) (count four)) and driving with a .08 percent blood alcohol causing injury (id., subd. (b) (count five)), and that in committing counts four and five he personally inflicted great bodily injury within the meaning of Penal Code[2] section 12022.7, subdivision (a). Defendant contends that the trial court erred in failing to instruct sua sponte regarding the elements of the great bodily injury enhancement, and that the abstract of judgment incorrectly reflects his convictions on counts one to three. Court direct the trial court to modify the abstract of judgment to indicate the correct offenses of which defendant was convicted and otherwise affirm the judgment.
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