People v. Butler

Raymond Anthony Butler (defendant) was convicted by jury of driving under the influence of alcohol or a drug and causing bodily injury and death.to another (Veh. Code, § 23153, subd. (a)—count I), driving with a blood alcohol level of 0.10 percent or above and causing bodily injury and death to another (Veh. Code, § 23153, subd. (b)—count II), felony hit and run (Veh. Code, § 20001—count III), and vehicular manslaughter (Pen. Code, § 192, subd. (c)(3)—count IV). In addition, a prior prison term was admitted (Pen. Code § 667.5, subd. (b)).

Defendant was sentenced to the aggravated term of eight years on count IV. On count III he was sentenced consecutively to eight months (one-third the midterm). The one-year enhancement was also ordered to be served consecutively, for a total prison term of nine years, eight months.

The sentences on counts I and II were stayed pending expiration of the service of the sentences on counts III and IV, at which time the stay was ordered to become permanent.

On appeal, defendant contends: (1) the imposition of consecutive sentences for vehicular manslaughter and felony hit and run violated Penal Code section 654 which prohibits multiple…