People v. Carlson
133 Cal. Rptr. 3d 218
Cal. Ct. App.2011Background
- Defendant Suzanne Carlson was sentenced to 15 years to life plus a $6,000 restitution fine after a jury found her guilty of second-degree murder and gross vehicular manslaughter while intoxicated; she also pleaded guilty to meth possession, driving on a suspended license, and marijuana possession with concurrent fines.
- The defense requested CALCRIM No. 626 on unconsciousness from voluntary intoxication to reduce murder to involuntary manslaughter; the court declined.
- Defendant argued the unconsciousness theory and related issues rendered the GVMI conviction invalid and that she could not be punished twice for the same act; she also challenged the restitution fine under section 654.
- The People conceded only the restitution issue; otherwise the Attorney General claimed no error.
- Facts show Carlson, with prior DUI convictions, drank heavily and drove Turner’s car at high speed, killing Turner; blood alcohol was around 0.218–0.23%; Carlson claimed she did not remember driving, while an addiction physician testified to a blackout, with substantial testimony showing she participated in driving the vehicle and spoke after the crash.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CALCRIM No. 626 should have been given | Carlson asserts unconsciousness from intoxication negates implied malice | Carlson contends blackout prevents consciousness, reducing murder to involuntary manslaughter | Refusal proper; no substantial evidence of unconsciousness to negate implied malice |
| Validity of Carlson's GVMI conviction given unconsciousness | Unconsciousness could negate gross negligence or malice | Unconsciousness from intoxication should affect GVMI as a lesser offense | Unconsciousness from voluntary intoxication cannot negate implied malice; no error in GVMI conviction as charged |
| Can a defendant be convicted of both murder and GVMI for the same act | Dual convictions for murder and GVMI should be improper | Sanchez allows dual conviction for distinct offenses even if same act | Dual convictions authorized; Sanchez controls; not error |
| Restitution fine under 654 for GVMI offense was improper; should be reduced | Fine improperly imposed when term stayed under 654 | Fine was properly calculated | Reduce restitution for GVMI to $3,000 and stayed under 654; amend abstract of judgment |
Key Cases Cited
- People v. Watson, 30 Cal.3d 290 (Cal. 1981) (implied malice in drunk-driving homicide; malice inferred from intentional act with conscious disregard)
- People v. Ochoa, 19 Cal.4th 353 (Cal. 1998) (unconsciousness is not a complete defense in homicide cases; law on intoxication and mental states)
- People v. Breverman, 19 Cal.4th 142 (Cal. 1998) (standard for instructing on lesser included offenses; substantial evidence rule)
- People v. Halvorsen, 42 Cal.4th 379 (Cal. 2007) (unconsciousness defined; use in evaluating intoxication defenses)
- People v. Whitfield, 7 Cal.4th 437 (Cal. 1994) (pertains to admissibility of voluntary intoxication evidence on intent/ malice prior to 1995 amendment)
- People v. Turk, 164 Cal.App.4th 1361 (Cal. App. 2008) (post-1995 amendment; voluntary intoxication cannot negate implied malice in murder)
- People v. Martin, 78 Cal.App.4th 1107 (Cal. App. 2000) (amendment to §22 limits intoxication evidence; cannot negate implied malice)
- People v. Timms, 151 Cal.App.4th 1292 (Cal. App. 2007) (explanation of legislative changes to §22 and intoxication evidence)
- People v. Sanchez, 24 Cal.4th 983 (Cal. 2001) ( GVMI not a lesser included offense of murder; dual conviction allowed over dissenting views)
- Auto Equity Sales, Inc. v. Superior Court, 57 Cal.2d 450 (Cal. 1962) (bound to follow Sanchez on dual convictions for murder and GVMI)
- Montana v. Egelhoff, 518 U.S. 37 (U.S. 1996) (federal due process and intoxication evidence in mental-state determinations)