People v. Julian
131 Cal. Rptr. 3d 561
Cal. Ct. App.2011Background
- On May 13, 2008, Julian, intoxicated, ran a red light at Highway 74 and struck Terri Keller's SUV, causing Terri's death.
- Amanda and Alexis Keller were injured; Amanda later became permanently vegetative and died in 2009 after life support was withdrawn.
- Two hours after the crash, Julian's blood-alcohol was 0.10%; expert testimony suggested a crash-time level around 0.14%.
- A jury convicted Julian of two counts of vehicular manslaughter while intoxicated without gross negligence and found true accompanying great bodily injury enhancements under 12022.7(a) and (b) for both victims.
- The trial court sentenced Julian to 12 years (4 years for Terri’s manslaughter, 5 years for Amanda’s coma-related enhancement, 3 years for Alexis’s injuries) with Amanda’s second-manslaughter sentence stayed under 654.
- Appellant challenges several sentencing and evidentiary rulings; the court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Application of 12022.7(g) to multiple victims | Julian argues 12022.7(g) bars enhancements for the homicide victim’s injuries | Verlinde/Weaver support applying enhancements to surviving victims as separate injuries | Narrow interpretation allows enhancements for injuries to survivors; not barred by (g) for multiple victims |
| Admissibility of the in-life photograph | Photograph was improper prejudicial character evidence | The photo was probative and not unduly prejudicial | No error in admission; appropriate for trial context. |
| Imposition of 12022.7(a)/(b) enhancements for Alexis and Amanda's injuries | Enhancements properly applied to injuries suffered in the same act | No double punishment and consistent with §654 | Enhancements upheld; proper under Verlinde/Weaver framework. |
| Restitution and presentence credits | Maximum $10,000 restitution without considering ability to pay is improper | Court reasonably exercised discretion | No error; credit and restitution provisions affirmed. |
| Credit for presentence time (four days) | Four days of presentence credits were miscounted | Credits were properly awarded | No error; credits affirmed. |
Key Cases Cited
- People v. Verlinde, 100 Cal.App.4th 1146 (Cal. App. 4th Dist. 2002) (section 12022.7(g) does not bar enhancements for nonvictim injuries when homicide occurred; multiple victims may receive separate punishment)
- People v. Weaver, 149 Cal.App.4th 1301 (Cal. App. 4th Dist. 2007) (affirmative application of 12022.7(a) to injuries of a survivor in a collision with homicide)
- People v. Reeves, 91 Cal.App.4th 14 (Cal. App. 2d Dist. 2001) (section 654 limitations on double punishment; stay of sentence where appropriate)
- People v. Arndt, 76 Cal.App.4th 387 (Cal. App. 4th Dist. 1999) (supports standing of separate injuries for enhancements)