Givan

INTRODUCTION

On January 22, 2012, defendant DeMarcus Monte Givan was driving in excess of the speed limit when he ran a red light and struck a vehicle driven by Tommy Fulce and his wife, Laura Fulce. Laura Fulce died as a result of the accident and Tommy Fulce sustained major injuries. Defendant’s passenger, Eric Bender, also sustained injuries. Approximately one hour after the accident, defendant had a blood-alcohol level of 0.17 percent.

On July 25, 2012, the Kern County District Attorney filed an information charging defendant with gross vehicular manslaughter while intoxicated (count 1; Pen. Code, § 191.5, subd. (a)), driving under the influence and causing bodily injury (count 2; Veh. Code, § 23153, subd. (a)), and driving with an excessive blood-alcohol level causing injury (count 3; Veh. Code, § 23153, subd. (b)). As to each count, the information further alleged the following: defendant caused great bodily injury to more than one victim, to wit: Tommy Fulce and Bender (Veh. Code, § 23558); defendant had a blood-alcohol level of 0.15 percent or more (Veh. Code, § 23578); defendant had been previously convicted of six felonies (Pen. Code, §§ 667, subds. (c)-(j),…