In People v. Garcia (1995) 41 Cal.App.4th 1832, the court considered whether gross vehicular manslaughter while intoxicated is a lesser included offense of murder. The court began by deciding that "whether the crime is murder in the first degree, murder in the second degree, voluntary manslaughter or involuntary manslaughter, all of these define a type of homicide that is unlawful." ( Id. at p. 1852.) The prosecution in Garcia argued that gross vehicular manslaughter while intoxicated was not a lesser included offense within murder, since you can commit murder without using a vehicle or being intoxicated. The court countered: "In our view, what this perspective overlooks is that all types of unlawful homicide have circumstances added to the basic offense whether it is premeditation and deliberation of first degree murder or the heat of passion of voluntary manslaughter. The point is that neither murder nor manslaughter nor gross vehicular manslaughter while intoxicated can be committed without committing an unlawful killing of a human being which is an unlawful homicide." ( Id. at p. 1854.) The court concluded: "To say that because a murder can be committed without using a vehicle or being intoxicated, those additional 'elements' take it outside the included elements of murder ignores the fact that, for example, murder can be committed without the heat of passion of voluntary manslaughter. Thus, the additional circumstance of heat of passion is no different than that of intoxication or use of a vehicle as they relate to an unlawful homicide. Therefore, we conclude for purposes of the lesser offense analysis of unlawful homicide, the relevant inquiry turns on the core of an unlawful killing of a human being and not on the circumstances or type of unlawful killing." (Garcia, supra, 41 Cal.App.4th at p. 1854.)