P. v. Garzon
An amended information, filed on March 12, 2012, charged William Wesley Garzon with five counts: (1) murder (Pen. Code, § 187, subd. (a)); (2) driving under the influence of any alcoholic beverage or drug (Veh. Code, § 23152, subd. (a)); (3) driving with a blood alcohol percentage of .08 percent or higher (Veh. Code, § 23512, subd. (b)); (4) driving with knowledge of a suspended license (Veh. Code, § 14601.5, subd. (a)); and (5) gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)). The amended information specially alleged that Garzon had prior convictions for driving under the influence of alcohol and driving with a blood alcohol percentage of .08 percent or higher (Veh. Code, § 23512, subds. (a) & (b)), once in 2008 and again in 2010, and a prior conviction for driving with knowledge of a suspended license (Veh. Code, § 14601.5, subd. (a)). After trial, the jury found Garzon guilty on counts 2 through 5 and found true the special allegations regarding his prior convictions. The jury was unable to reach a verdict on count 1, and the trial court dismissed that count without prejudice. The court sentenced Garzon to a state prison term of 16 years 348 days to life, consisting of 15 years to life for gross vehicular manslaughter while intoxicated, with prior convictions under Vehicle Code section 23512, plus a consecutive one-year term for driving with knowledge of a suspended license and 348 days for a probation violation. The court imposed one-year prison terms for the convictions for driving under the influence of any alcoholic beverage or drug and driving with a blood alcohol percentage of .08 percent or higher but stayed execution of those sentences pursuant to Penal Code section 654 (section 654).
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