P. v. Meza CA5
A jury convicted appellant Joselito Meza of gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)/count 1); driving under the influence of alcohol causing injury (Veh. Code, § 23153, subd. (a)/count 2); driving with a blood-alcohol content (BAC) of .08 percent or greater causing great bodily injury (§ 23153,
subd. (b)/count 3); and failing to stop at the scene of an accident resulting in serious injury or death (§ 20001, subd. (b)(2)/count 4). The jury also found true a flight enhancement (§ 20001, subd. (c)) in count 1 and a great bodily injury enhancement (Pen. Code § 12022.7) in counts 2 and 3.
On appeal, Meza contends: (1) his convictions in counts 2 and 3 must be vacated because the offenses charged in those counts are lesser included offenses of the gross vehicular manslaughter offense he was convicted of in count 1; and (2) he is entitled to additional presentence custody credit. We find merit to these contentions, modify the judgment accordi
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