Weems

A jury found defendant Michael Oneal Weems guilty of two felonies, causing injury to another while driving under the influence of alcohol (Veh. Code, § 23153, subd. (a)) and causing injury to another while having 0.08 percent or more, by weight, of alcohol in his blood (Veh. Code, § 23153, subd. (b)). Defendánt was placed on probation for five years upon condition, inter alia, that he serve four months in county jail and pay $10,767.39 in restitution. On appeal defendant does not dispute he was driving under the influence of alcohol or that he was driving while having 0.08 percent or more, by weight, of alcohol in his blood. However, he contends his convictions must be reversed because the jury erroneously was instructed it could consider evidence of defendant’s violation of the mandatory seat belt law (§ 27315) in determining whether, while driving under the influence or with the prohibited blood-alcohol percentage, he concurrently did an unlawful act or neglected a legal duty which proximately caused injury to another. For the reasons stated below, we conclude a driver’s violation of our state mandatory seat belt law does constitute a concurrent “act forbidden by law,…