Drake

The People appeal from an order granting a new trial to respondent Deanna Dawn Drake. Drake was convicted by jury of five felonies and two misdemeanors arising from a single incident: count I, second degree murder (Pen. Code, §§ 187, subd. (a), 189), count II, vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)), count III, driving under the influence (DUI) causing injury (Veh. Code, § 23153 subd. (a)), count IV, driving with a .10 blood alcohol causing injury (Veh. Code, § 23153 subd. (b)), count V, DUI with two prior convictions (Veh. Code, §§ 23152 subd. (a), 23170), count VI, driving with a .10 blood-alcohol level with two prior convictions (Veh. Code, §§ 23152 subd. (b), 23170) and count VII, hit and run with injury (Veh. Code, § 20001, subd. (2). Prior to trial, Drake plead guilty to count VIII, driving with a suspended license with a prior. (Veh. Code, § 14601.2 subd. (a).)

The trial court granted Drake’s motion for a new trial on all seven counts even though the motion was primarily directed to counts I through IV. Each of these counts required proof that Drake caused the death of her passenger or injuries to the persons in the car she struck.…