People v. Rabon CA4/2

FACTS AND PROCEDURAL HISTORY

In March 2011, defendant was driving her car on a highway in Riverside County.

Defendant was under the influence of alcohol at the time, with a measured blood alcohol

level of approximately 0.16 percent. She drove her car across double yellow centerlines,

and struck an oncoming vehicle driven by Wilfredo Garcia. Garcia was killed as a result

of the collision.

Defendant was charged in a felony complaint with vehicular manslaughter while

driving under the influence of alcohol (Pen. Code, § 191.5, subd. (b), Veh. Code,

§§ 23152, 23153) (count 1), and with a great bodily injury enhancement (Pen. Code,

§§ 1192.7, 1192.8). In count 2, the complaint also charged defendant with driving under

the influence, causing death or bodily injury (Veh. Code, § 23153, subd. (a)), and in

2 count 3 with driving with a blood alcohol level over 0.08 percent, and causing death or

bodily injury (Veh. Code, § 23153, subd. (b)). The complaint alleged, with respect to

counts 2 and 3, that defendant had personally inflicted great bodily injury or death on the

victim (Pen. Code, §§ 12022.7, subd. (a), 1192.7, subd. (c)(8)).

In open court, defendant pleaded guilty to…