Doyle

Defendant Douglas Harold Doyle was previously convicted of gross vehicular manslaughter while intoxicated (driving under the influence (DUI) manslaughter). (Pen. Code, § 191.5, subd. (a).) The conviction in this case was for another DUI offense. (Veh. Code, § 23152, subd. (b).) His current DUI was elevated from a misdemeanor to a felony because of the prior DUI manslaughter (Veh. Code, § 23550.5, subd. (b)), and he was sentenced under the “Three Strikes” law to 25 years to life in state prison with the prior DUI manslaughter as one of his strikes.

On appeal, defendant contends that it was illegal to use the prior DUI manslaughter conviction both to elevate the current DUI to a felony and to serve as a strike. To the contrary, the statutory scheme authorizes both uses.

Defendant also contends that use of the prior DUI manslaughter conviction both to elevate the current DUI to a felony and to serve as a strike violates equal protection guarantees because the statute elevating the current DUI to a felony as a result of the DUI manslaughter does not also elevate a current DUI to a felony if the offender, instead, has a prior conviction for second degree murder while driving…