Demacedo

DISCUSSION

Demacedo raises two issues on appeal. First, he asserts his DUI causing injury convictions must be dismissed as they are lesser included offenses of the gross vehicular manslaughter while intoxicated convictions. Second, he contends remand is required for the trial court to specify the fines and fees imposed upon resentencing.

I. DUI Causing Injury Is Not a Lesser Included Offense of Gross

Vehicular Manslaughter While Intoxicated When the Victims Are Different Demacedo argues DUI causing injury under Vehicle Code section 23153, subdivision (a) or (b) is a lesser included offense of gross vehicular manslaughter while intoxicated under Penal Code section 191.5, subdivision (a)—even where, as here, the victims of the offenses are different. We review this issue de novo. (People v. Braslaw (2015) 233 Cal.App.4th 1239, 1247.) In California, a defendant may generally be convicted of, but not punished for, multiple charges arising from a single act or course of conduct. (People v. Reed (2006) 38 Cal.4th 1224, 1226 (Reed); Pen. Code, § 954.) However, “[a] judicially created exception to the general rule permitting

3 multiple conviction ‘prohibits multiple convictions based…