People v. Wheatley CA4/2

STATEMENT OF THE CASE

In 2011, a first amended information charged defendant with murder under Penal

Code section 187, subdivision (a) (count 1), and gross vehicular manslaughter while

intoxicated under section Penal Code 191.5, subdivision (a) (count 2). As to count 2, the

information alleged that defendant had suffered three prior convictions for violating the

Vehicle Code as follows: a 2004 conviction for violating Vehicle Code section 23152,

subdivision (a); a 2007 conviction for violating Vehicle Code section 23152, subdivision

(b); and a 2007 conviction for violating Vehicle code section 23152, subdivision (b).

On October 12, 2011, a jury convicted defendant on both counts 1 and 2. As to

count 2, the jury found the special circumstance true that defendant had suffered the

following prior convictions: A 2004 conviction for violating Vehicle Code section

23152, subdivision (a); a 2007 conviction for violating Vehicle Code section 23152,

subdivision (b); and a 2007 conviction for violating Vehicle code section 23152,

subdivision (a).

On November 9, 2011, the trial court sentenced defendant to an indeterminate

term of 15 years to life on count 1, and an…