P. v. Brown
Lisa Rene Brown’s vehicle collided with Lynn Phillip’s vehicle in the middle of an intersection. They had both taken drugs before the crash, and they were both injured by the impact. Brown was charged with one count of driving under the influence of drugs causing bodily injury (Veh. Code, § 23151, count 1) and having suffered three prior convictions for driving under the influence (Veh. Code, § 23152, subd. (a)). The trial on the priors was bifurcated. The trial court instructed the jury on the elements of count 1, as well as the lesser included offense of driving under the influence. The jury found Brown not guilty of count 1, but guilty of the lesser included offense. The court sentenced Brown to the upper prison term of three years and ordered she pay $47,531 restitution to Phillips. On appeal, Brown asserts the court should not have ordered her to pay restitution for the crime for which she was acquitted. We agree and reverse the restitution order. In all other respects, the judgment is affirmed.
Comments on P. v. Brown