Miranda

In this appeal, Epifano Miranda challenges his convictions of driving under the influence causing injury (Veh. Code, § 23153, subd. (a)) and vehicular manslaughter (Pen. Code, § 192, subd. (c)(1)), arguing these offenses are necessarily included within gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)). We agree with appellant’s contention and reverse the convictions on the included offenses.

Background

Appellant was charged in a four-count information with gross vehicular manslaughter while intoxicated (count 1, Pen. Code, § 191.5, subd. (a)), driving under the influence causing injury (count 2, Veh. Code, § 23153, subd. (a)), vehicular manslaughter (count 3, Pen. Code, § 192, subd. (c)(1)), and hit-and-run driving (count 4, Veh. Code, § 20002, subd. (a)). The victim of each count was Jose Villanueva, a passenger in appellant’s car. The information further alleged that appellant caused bodily injury to another passenger, Carlos Torres, while committing the offenses charged in counts 1 and 2, within the meaning of Vehicle Code section 23182. Attached to count 2 were two prior conviction allegations, charging appellant with having suffered…