Gross Vehicular Manslaughter While Intoxicated Is Not A Lesser Included Offense Of Murder
People v. Barooshian (Cal. Ct. App., Apr. 16, 2024, No. D081050) 2024 WL 1629664, at *1
Summary: Barooshian was convicted him of murder (Pen. Code, § 187, subd. (a)) under a Watson murder theory. In People v. Watson (1981) 30 Cal.3d 290, (Watson), the California Supreme Court concluded that a person who kills another while driving under the influence of alcohol may be charged with second degree murder if the circumstances support a finding of implied malice. This is “informally known as a Watson murder.”
At Barooshian’s first trial, the jury did not reach a verdict on a murder charge but convicted Barooshian of gross vehicular manslaughter while intoxicated (Pen. Code,2 § 191.5, subd. (a); Veh. Code, §§ 23140, 23152, 23153).