P. v. Carlson
The trial court sentenced defendant Suzanne Amelia Carlson to 15-years-to-life in prison and imposed a $6,000 restitution fine after a jury found her guilty of second degree murder (Pen. Code, § 187, subd. (a); unless otherwise indicated all further statutory references are to the Penal Code), and gross vehicular manslaughter while intoxicated with a prior conviction (§ 191.5, subd. (d)). Defendant also pleaded guilty to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), driving on a suspended license (Veh. Code, § 14601.5, subd. (a)), and driving while in possession of marijuana (Veh. Code, § 23222, subd. (b)). The court imposed a concurrent sentence and fines for these charges.
Defendant contends the trial court erred by refusing to give CALCRIM No. 626, which states voluntary intoxication resulting in unconsciousness can reduce a charge of murder to involuntary manslaughter. In a related argument she attacks her conviction on count 2, claiming it is inconsistent to allow unconsciousness to reduce one's criminal culpability on a murder charge to mere criminal negligence while a charge of gross vehicular manslaughter requires proof of gross negligence. Alternatively, defendant argues the court erred in allowing the jury to find her guilty of both murder and gross vehicular manslaughter while intoxicated for the same act. Finally, she asserts that, since the trial court stayed her prison term for gross vehicular manslaughter under section 654, it erred by imposing a restitution fine for that offense. The Attorney General concedes the last argument's merit, but otherwise claims no error occurred.
We shall modify the judgment to reduce the restitution fine to $3,000, but otherwise affirm the judgment.
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