San Francisco Criminal Lawyer Blog

People v. Lossing (Cal. Ct. App., Aug. 24, 2026, No. 2D CRIM. B347919) 2026 WL 2474216, at *1–6

Summary: In People v. Lossing, the Court of Appeal held that DUI causing injury under Vehicle Code section 23153 is not a lesser included offense of gross vehicular manslaughter while intoxicated under Penal Code section 191.5, affirming the defendant’s convictions and related credit consequences.

The issue is whether convictions for driving under the influence causing injury under Vehicle Code section 23153 must be dismissed as lesser included offenses of gross vehicular manslaughter while intoxicated under Penal Code section 191.5. Section 954 permits multiple convictions arising from the same act, but a judicially created exception requires dismissal when a defendant is convicted of both a greater offense and a lesser included offense.

THE PEOPLE, Plaintiff and Respondent, v. SANTANA DOMINIQUE YANEZ, Defendant and Appellant. (Cal. Ct. App., July 10, 2026, No. F090098) 2026 WL 1998663, at *1–3

• Summary: Yanez argued that his convictions for driving under the influence causing injury should be reversed because that crime is a lesser included offense of gross vehicular manslaughter while intoxicated. The Court of Appeal concluded otherwise.

Yanez was charged with two counts of gross vehicular manslaughter while intoxicated (counts 1 & 2, Pen. Code, § 191.5, subd. (a)), driving under the influence of an alcoholic beverage causing injury (count 3, Veh. Code,1 § 23153, subd. (a)), driving with a 0.08 blood alcohol content causing injury (count 4, § 23153, subd. (b)), driving under the influence of alcohol in combination with any drug causing injury (count 5, § 23153, subd. (g)), driving without a license (count 6, § 12500, subd. (a)), driving without evidence of financial responsibility (count 7, § 16028, subd. (a)), speeding (count 8, § 22350), speeding over 100 miles per hour (count 9, § 22348, subd. (b)), and failing to yield the right of way (count 10, § 21800, subd. (a)). The information also alleged great bodily injury enhancements (Pen. Code, § 12022.7, subd. (a)) as to each victim on counts 3 through 5, and alleged as to counts 1 through 5 that defendant had caused bodily injury or death to more than one victim (Veh. Code, § 23558).

People v. Castro (Cal. Ct. App., July 1, 2026, No. D085983) 2026 WL 1894067, at *1–3

Summary:  The United States Supreme Court Mitchell v. Wisconsin (2019) 588 U.S. 840 (Mitchell), held that where a police officer at the scene of an automobile accident  discovers that one of the drivers suspected of driving under the influence of alcohol (DUI) is unconscious,“the officers’ many responsibilities may be incompatible with the procedures that would be required to obtain a warrant.” Mitchell articulated a “general rule” that exigent circumstances will “almost always” permit a blood test without a warrant.

In People v. Alvarez (2023) 98 Cal.App.5th 531 (Alvarez), the police officer encountered the suspect-driver at the hospital sometime after the accident. Alvarez held that the record failed to support a finding of exigency sufficient to excuse the officer’s failure to obtain a blood draw warrant. Here, an unconscious suspect-driver was first contacted by police at the hospital several hours after the accident, and the Court held there was not exigent circumstances excusing a failure to obtain a warrant.