People v. Marinovich CA5

DISCUSSION

Defendant contends his sentence on counts 3 and 4 should be stayed pursuant to section 654, because his convictions for counts 2 through 4 resulted from the same underlying act. The People agree, as do we. Here, defendant committed one act—driving while under the influence of drugs and alcohol, which killed one victim, and seriously injured four others. Consequently, defendant was convicted of four separate crimes: gross vehicular manslaughter (§ 191.5), driving under the influence of alcohol causing injury (Veh. Code, § 23153, subd. (a)), driving with a blood-alcohol content greater than 0.08 percent causing injury (Veh. Code, § 23153, subd. (b)) and driving under the combined influence of alcohol and a drug causing injury (Veh. Code, § 23153, subd. (g)). Defense counsel noted to the trial court during sentencing, “I believe in Count 3 and in Count 4 are by operation of [section] 654.” When the trial court sentenced defendant to the two-year midterm for count 3 and the two-year midterm for count 4, to be served concurrently to the sentences in counts 1 and 2, it stated, “That’s because of … Section 654.”

3. Section 654 provides:

“[a]n act or omission that is…