Legal Question in Criminal Law in California

Re: California Penal Code

The code follows...but it could be either depending on circumstances of the offense, the record of the actor, and charging discretion of the prosecutor. It could even be elevated to a murder charge!

(c) (1) Except as provided in subdivision (d), gross vehicular

manslaughter while intoxicated in violation of subdivision (a) is

punishable by imprisonment in the state prison for 4, 6, or 10 years.

(2) Vehicular manslaughter while intoxicated in violation of

subdivision (b) is punishable by imprisonment in a county jail for

not more than one year or by imprisonment in the state prison for 16

months or 2 or 4 years.

(d) A person convicted of violating subdivision (a) who has one or

more prior convictions of this section or of paragraph (1) of

subdivision (c) of Section 192, subdivision (a) or (b) of Section

192.5 of this code, or of violating Section 23152 punishable under

Sections 23540, 23542, 23546, 23548, 23550, or 23552 of, or convicted

of Section 23153 of, the Vehicle Code, shall be punished by

imprisonment in the state prison for a term of 15 years to life.

Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of

Part 3 shall apply to reduce the term imposed pursuant to this

subdivision.

DJM