Barrett

Defendant Scott James Barrett challenges his conviction of committing gross vehicular manslaughter and driving under the influence. Except to remand the matter for a hearing on victim restitution, we affirm the judgment.

Procedural History

By information filed February 6, 1998, the People charged defendant with the following crimes stemming from a fatal automobile accident on January 25, 1997: as count 1, gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)); as count 2, driving under the influence of alcohol causing injury (Veh. Code, § 23153, subd. (a)); and as count 3, driving with a blood-alcohol level of 0.08 percent or more, causing injury (Veh. Code, § 23153, subd. (b)).

As enhancements, the information also alleged the following: As to count 1, defendant had suffered one or more prior convictions of driving under the influence of alcohol (Pen. Code, § 191.5, subd. (d), which mandates a sentence of 15 years to life); and as to counts 2 and 3, defendant had suffered two separate violations for driving under the influence of alcohol (former Veh. Code, §23190, subd. (a)), defendant caused death or great bodily injury to six persons (Veh.…