People v. Moralez CA2/8

INTRODUCTION

A jury convicted Gilberto Moralez of gross vehicular manslaughter while intoxicated under Penal Code section 191.5, subdivision (a), and driving under the influence of alcohol and a drug while causing injury under Vehicle Code section 23153, subdivision (g). The jury also found that Moralez personally inflicted great bodily injury on the victim. The court sentenced Moralez to the upper term of 10 years for the vehicular manslaughter charge, while imposing and staying a six-year term for the impaired driving conviction and great bodily injury finding. On appeal, Moralez contends the court erroneously instructed the jury on the elements of driving under the influence of alcohol and a drug under Vehicle Code section 23153, subdivision (g), because the court told the jury that it could find he violated the statute if it found he drove while under the influence of alcohol or a drug. Moralez also argues the court erred when it imposed the upper term for his vehicular manslaughter conviction because it relied on two aggravating sentencing factors—the increasing seriousness of his prior convictions and his unsatisfactory performance on probation— that were not found true…