What is the test for a great bodily injury enhancement under section 654 of the Criminal Code?

California, United States of America

The following excerpt is from People v. Clemena, B223740, Los Angeles County Super. Ct. No. NA080423 (Cal. App. 2011):

We conclude that the great bodily injury enhancement falls within the scope of section 654 because "the factual basis for the enhancement is 'an act or omission.'" (People v. Wynn, supra, 184 Cal.App.4th at p. 1220.) Clemena committed one act which caused great bodily injury to Eir. He should not be punished twice for the same act. Accordingly, we direct the trial court to modify the judgment to stay the great bodily injury enhancement on count 3, the attempted robbery of Eir.

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