In People v. Sanchez (2001) 24 Cal.4th 983, the Supreme Court held that the crime of gross vehicular manslaughter while intoxicated is not a lesser included offense of murder. The court wrote: "Under California law, a lesser offense is necessarily included in a greater offense if either the statutory elements of the greater offense, or the facts actually alleged in the accusatory pleading, include all the elements of the lesser offense, such that the greater cannot be committed without also committing the lesser. . . . .. . . Although, as a factual matter, a murder may be carried out by means of a vehicle and by an intoxicated driver, in the abstract it obviously is possible to commit a murder without committing gross vehicular manslaughter while intoxicated." ( Id. at p. 988.) The defendant in Sanchez responded that this court's decision in Watson was to the contrary . The Supreme Court's reply was to disapprove Watson, noting that it "strayed too far from the general principle that an offense is necessarily included within a greater offense when the greater offense cannot be committed without committing the lesser offense." ( Sanchez, supra, 24 Cal.4th at pp. 990-991.) The court noted that use of a vehicle and intoxication were not merely "circumstances" under which an unlawful killing constitutes manslaughter, but rather were elements of the unique crime of gross vehicular manslaughter while intoxicated. ( Id. at p. 990.)