Does Section 12022.7, subdivision (a) of the Penal Code apply to a conviction of murder where the jury found that in the commission of the murder, appellant physically inflicted great bodily injury on another person?
California, United States of America
The following excerpt is from People v. Gipson, A150900 (Cal. App. 2019):
The jury found true an allegation that in the commission of the murder, appellant "personally inflicted great bodily injury on another person within the meaning of Penal Code section 12022.7(a)." Section 12022.7, subdivision (a) ordinarily provides for a three-year enhancement if such an allegation is found true. Although the trial court orally pronounced a sentence that did not include this three-year enhancement, the minutes and abstract of judgment reflect that a three-year enhancement under section 12022.7, subdivision (a) was imposed. As the Attorney General agrees, great bodily injury enhancements do not apply to a conviction of murder or manslaughter. (People v. Cook (2015) 60 Cal.4th 922, 924.) On remand for resentencing, the court shall strike the great
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