People v. Shaw CA3

BACKGROUND

The information charged Shaw with driving under the influence of a drug, driving while an addict, possession of a controlled substance, possession of drug paraphernalia, and possession of more than 28.5 grams of marijuana. (Veh. Code, §§ 23152, subd. (f), 23152, subd. (c); Health & Saf. Code, §§ 11377, subd. (a), 11364, subd. (a), 11357, subd. (b)(2).) It also alleged he had two prior “super strike” convictions for gross vehicular manslaughter while intoxicated. (Pen. Code, § 191.5, subd. (a); Veh. Code, § 23550.5, subd. (b); Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) According to the probation report, in 2002, Shaw was driving his car under the influence of alcohol with a 0.15 percent blood-alcohol content and collided with a car that had three people in it: a grandmother, a 21-year-old mother, and her 23-month-old baby. Both mother and baby died at the scene of the accident. Prior to trial, Shaw moved to dismiss the prior strike allegations pursuant to section 1385 and People v. Superior Court (Romero) (1996) 13 Cal.4th 497 arguing those two strikes arose out of a single incident. The trial court denied that motion without prejudice. In view of the…