P. v. Wheatley CA4/2
In 2011, a first amended information charged defendant with murder under Penal Code section 187, subdivision (a) (count 1), and gross vehicular manslaughter while intoxicated under section Penal Code 191.5, subdivision (a) (count 2). As to count 2, the information alleged that defendant had suffered three prior convictions for violating the Vehicle Code as follows: a 2004 conviction for violating Vehicle Code section 23152, subdivision (a); a 2007 conviction for violating Vehicle Code section 23152, subdivision (b); and a 2007 conviction for violating Vehicle code section 23152, subdivision (b).
On October 12, 2011, a jury convicted defendant on both counts 1 and 2. As to count 2, the jury found the special circumstance true that defendant had suffered the following prior convictions:
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