P. v. Sanderson
A jury found defendant guilty of the offense defined by Vehicle Code section 23153, subdivision (a), making it unlawful for "any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law . . . in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver." The jury further found that in committing the offense, defendant personally inflicted great bodily injury on the victim and hit and run driving, resulting in injury, and found true allegations that defendant had suffered four prior felony convictions, one of which was charged as a strike.
Defendant contends that reversible error resulted from the failure of the court to instruct the jury that to find him guilty of violating Vehicle Code section 23153, subdivision (a), they had to agree on the “act forbidden by law“ that defendant committed while driving while intoxicated.
The court sentenced defendant to a term of 13 years 4 months in state prison. Court affirm.
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