Julian

People v. Julian

Bad Law
131 Cal. Rptr. 3d 561·198 Cal. App. 4th 1524·2011 Cal. App. LEXIS 1165
Court of Appeal of CaliforniaSeptember 8, 2011No. D057741California2,366 words

Opinion

Lead Opinion

Benke, J.

A jury convicted defendant Mark Davis Julian of two counts of vehicular manslaughter while intoxicated without gross negligence (counts 1 and 2; Pen. Code, 2 § 191.5, subd. (b)). The jury also found Julian inflicted great bodily injury under section 12022.7, subdivisions (a) and (b) as to both manslaughter counts. With respect to count 1, the vehicular manslaughter of Terri Keller (Terri), the jury found Julian guilty of inflicting great bodily injury causing the coma of Terri’s daughter, Amanda Keller (Amanda). (§ 12022.7, subd. (b).) Also on count 1, the jury found Julian inflicted great bodily injury within the meaning of section 12022.7, subdivision (a) on Terri’s other daughter, Alexis Keller (Alexis). (§ 12022.7, subd. (a).) With respect to count 2, the vehicular manslaughter of Amanda, the jury found Julian inflicted great bodily injuries on Terri and Alexis within the meaning of section 12022.7, subdivision (a).

The court sentenced Julian to 12 years of imprisonment. The sentence was composed of a four-year upper term year for the manslaughter of Terri, a five-year enhancement for Amanda’s great bodily injury resulting in a coma and a three-year enhancement for…

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