Diaz

I.

INTRODUCTION

In the first of two trials in this case, a jury found Pablo Emmanuel Diaz guilty of gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)) (count 2), driving under the influence causing injury (Veh. Code, § 23153, subd. (a)) (count 3), driving with a measurable blood-alcohol level causing injury (§ 23153, subd. (b)) (count 4), and driving with a suspended license for an alcohol-related offense with a prior conviction (§ 14601.1, subd. (a)) (count 5). With respect to counts 2 through 4, the jury also found that Diaz caused bodily injury or death to more than one victim, within the meaning of section 23558, and that he personally caused great bodily injury, within the meaning of Penal Code section 12022.7, subdivision (b). With respect to counts 3 and 4, the jury also found that Diaz had suffered two or more prior offenses for driving under the influence (§§ 23626, 23546) and that he drove 20 or more miles per hour over the posted speed limit (§ 23582, subd. (a)). With respect to count 5, the jury found that Diaz had suffered a prior conviction for violating section 14601.5, subdivision (a) within the previous five years. The jury…