P. v. Alvarez
On March 28, 2007, an information was filed in Fresno County Superior Court, charging appellant Esteven Alvarez with gross vehicular manslaughter while intoxicated (Pen. Code, 191.5, subd. (a); count 1), driving under the influence and causing bodily injury (Veh. Code, 23153, subd. (a); count 2), gross vehicular manslaughter (Pen. Code, 192, subd. (c)(1); count 3), driving with a suspended license, with prior convictions (Veh. Code, 14601.2, subd. (a); count 4), and unlawful vehicle operation (id., 23247, subd. (e); count 5). He subsequently pled guilty to counts 4 and 5, both misdemeanors; counts 1 and 2 were dismissed, upon motion of the prosecutor, for insufficient evidence; and jury trial proceeded on count 3. Following his conviction thereon, appellant was sentenced to six years in prison and ordered to pay various fees and fines, and his driving privilege was revoked (Veh. Code, 13351). He now appeals, raising claims of evidentiary and instructional error. In addition, respondent contends the case must be remanded for a determination of victim restitution. For the reasons that follow, Court reject appellants contentions, but agree with respondent.
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