Posted On: November 5, 2009
ONE INFLICTION OF GREAT BODILY INJURY, TWO ENHANCEMENTS
The defendant inflicted great bodily injury. He got a 3-year enhancement for GBI under California Penal Code sec. 12022.7, and it was done for the gang, which made the underlying crime a violent felony under California Penal Code sec. 667.5, so he also got the Penal Code sec. 186.22(b)(1)(C) 10-year enhancement. The California Court of Appeal concludes that this is an improper dual use of the same fact, striking the 3-year enhancement.
People v. Gonzalez; 2009 DJ DAR 15675; DJ, 11/5/09; C/A 2nd, Div. 2
