California, United States of America
The following excerpt is from People v. Jiron, F072513 (Cal. App. 2018):
In People v. Arndt, the court considered whether Vehicle Code section 23182, the predecessor to Vehicle Code section 23558, covered the same subject matter as Penal Code section 12022.7. (People v. Arndt, supra, 76 Cal.App.4th at p. 392.) The court rejected the proposition that the statutes cover the same subject matter. The court explained that "[t]he elements of [Penal Code] section 12022.7 do not correspond to [Vehicle Code] section 23182" and distinguished, among other things, bodily injury from great bodily injury. (Id. at p. 393.)20 This lends further support to the conclusion that the
elements of Vehicle Code section 23558 do not provide notice of the elements of Penal Code section 12022.7. In People v. Arndt, the jury found true enhancements under both Penal Code section 12022.7, which was charged, and Vehicle Code section 23182. Penal Code section 654, however, precluded the application of enhancements under both statutes because the trial court employed the same injury "to impose enhancements for great bodily injury on all three victims under Penal Code section 12022.7" and also enhancements for two victims under Vehicle Code section 23182. (People v. Arndt, supra, at p. 397.) "Under section 654, only one of the enhancements can be applied." (Ibid.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexsei.com.