Can a defendant be convicted of manslaughter under section 12022.7, subdivision (a) of the Penal Code for causing grievous bodily injury to a victim of the collision?

California, United States of America


The following excerpt is from People v. Sedej, D056955, D057783 (Cal. App. 2013):

conviction may not be enhanced with the injury the victim of the murder or manslaughter necessarily suffered. However, injuries caused to other victims of the defendant's conduct may serve as enhancements under [Penal Code] section 12022.7." (People v. Julian (2011) 198 Cal.App.4th 1524, 1530.)3 During the pendency of this appeal, another court in this District decided People v. Cook (March 19, 2013, E054307) ___ Cal.App.4th ___ [2013 WL 1120653], which held that "imposition of a [Penal Code] section 12022.7, subdivision (a) enhancement with respect to a victim for whom the defendant has already been convicted of manslaughter is barred by the express provision of [Penal Code] section 12022.7, subdivision (g)." In light of the fact Nancy died in the collision, we reverse the true finding on the great bodily injury enhancements as to her on counts 2 and 3.

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