PEOPLE v. WEAVER Part I
In deciding whether to deny probation to defendant convicted under Penal Code Sec. 191.5(a) of gross vehicular manslaughter while intoxicated, court properly considered victim vulnerability where victims had been driving their car on highway in proper direction at lawful speed with headlights on at time defendant, driving her car in opposite direction of oncoming traffic at high rate of speed with headlights off, collided with them. Court also properly considered the "dreadful loss" to victim's family and the "horrific nature" of offense as compared with other similar offenses in light of defendant's continuation of driving after a "near miss" with another car prior to the collision, her high blood alcohol level, and the presence of cocaine in her system. Defendant's youth, though not listed in sentencing rules, was properly considered as an additional factor in record that was reasonably related to probation decision. Court properly considered aggravating circumstances of victim vulnerability, the offense's horrific nature, defendant's continuation of driving after the near miss prior to the collision, her high blood alcohol level, and the presence of cocaine in her system in imposing middle six year term sentence. As to the great bodily injury defendant personally inflicted on surviving victim, court properly imposed a three year enhancement under Sec. 12022.7(a) rather than the more specific one year Vehicle Code Sec. 23558 enhancement. Section 12022.7(a) enhancement may apply to a victim-specific offense like a Sec. 191.5(a) offense even when he ostensible victim of that offense was not, for purposes of section 12022.7(a), the person on whom defendant personally inflicted great bodily injury in the commission of that offense.
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