Mr. Cady got loaded and decided to drive a car. He ended up killing and injuring numerous persons. Among the crimes for which Cady was convicted were one count each of driving under the influence of alcohol, causing injury, Vehicle Code section 23153(a), and driving under the combined influence of alcohol and drugs, Vehicle Code section 23153(f). Cady appealed.
The Fourth District reverses the 23153(a) conviction, finding that 23153(a) is a lesser included offense of 23153(f).
This opinion succeeds where the panel in In Re Jonathan R. fails. The panel here actually engages in a thoughtful application of the elements test. Its finding that all the elements of driving under the influence of alcohol are contained within the elements of driving under the combined influence of alcohol and drugs is hardly surprising. The State tries to split hairs and argues that a person can actually be under the influence of alcohol and drugs without being under the influence of alcohol if the influence is the synergistic product of the consumption of alcohol with drugs, when the amount of alcohol consumed is insufficient on its own.
The panel disagrees.
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