California Court of Appeal

Sentence for third-strike conviction for felony driving while intoxicated, after having been previously convicted of vehicular manslaughter while under the influence of alcohol, Veh. Code, former section 23550.5(b), is affirmed where the California Supreme Court decision in People v. Vargas (2014) -- which held that where a defendant has suffered two prior convictions growing out of a single act, involving a single victim, only one of the convictions may be treated as a strike within the meaning of the three strikes law -- has no application here because the two strikes defendant challenges grow out of an incident in which she killed two bicyclists and was convicted of two counts of manslaughter.

Appellate Information

• Decided 04/28/2015
• Published 04/28/2015

Judges

• Benke

Court

• California Court of Appeal

Counsel