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People v. Barrett6/3/2003
CERTIFIED FOR PARTIAL PUBLICATION
Defendant Scott James Barrett challenges his conviction of committing gross vehicular manslaughter and driving under the influence . Except to remand the matter for a hearing on victim restitution, we affirm the judgment.
PROCEDURAL HISTORY
By information filed February 6, 1998, the People charged defendant with the following crimes stemming from a fatal automobile accident on January 25, 1997: as count 1, gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)); as count 2, driving under the influence of alcohol causing injury (Veh. Code, § 23153, subd. (a)); and as count 3, driving with a blood-alcohol level of 0.08 percent or more, causing injury (Veh. Code, § 23153, subd. (b)).
As enhancements, the information also alleged the following: As to count 1, defendant had suffered one or more prior convictions of driving under the influence of alcohol (Pen. Code, § 191.5, subd. (d), which mandates a sentence of 15 years to life); and as to counts 2 and 3, defendant had suffered two separate violations for driving under the influence of alcohol (former Veh. Code, § 23190, subd. (a)), defendant caused death or great bodily injury to six persons (Veh. Code, § 23182), and defendant inflicted great bodily injury upon four persons (Pen. Code, § 12022.7, subd. (a)).
Following trial, a jury found defendant guilty on all three counts. On counts 2 and 3, the jury also found true the multiple victim enhancements for all six victims, and found true the great bodily injury enhancements for three of the four alleged victims.
Following a bench trial, the court found not true the prior conviction enhancement alleged in count 1. However, the court found true the prior conviction enhancements alleged in counts 2 and 3.
The court subsequently sentenced defendant to a state prison term of 11 years, calculated as follows: The middle term of three years on count 2 (driving under the influence causing injury), plus three years each for two of the great bodily injury enhancements; and a consecutive, subordinate term of two years (one-third the middle term) on count 1 (gross vehicular manslaughter).
The court imposed a three-year term on count 3, but stayed that term under Penal Code section 654. The court struck the multiple victim enhancement in count 2 because it relied on the infliction of great bodily injury upon multiple victims as an aggravating factor in that count. The court also did not impose a great bodily injury enhancement for the victim killed in the accident because his death was used as an aggravating factor in count 1.
The court also imposed separate $200 restitution fines under Penal Code sections 1202.4, subdivision (b), and 1202.45, but stayed the latter pending successful completion of parole. In addition, the court ordered victim restitution pursuant to Penal Code section 1202.4, subdivision (f), in the amount of $1,744.13.
On appeal, defendant alleges the following:
1. The prosecution's delay in filing the complaint violated defendant's constitutional right to due process by preventing access to potentially exculpatory evidence, namely, the vehicles involved in the collision;
2. The trial court erred in admitting into evidence records and testimony concerning defendant's prior participation in a drinking driver program;
3. The trial court erred in admitting evidence of a prior DUI conviction and the circumstances surrounding a collision that ultimately led to another DUI conviction;
4. The alleged errors constituted cumulative prejudicial error; and
5. T
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