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Name: People v. Beltran
Case #: B131007
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 06/26/2000
Subsequent History: None

The trial court erred in imposing a great bodily injury enhancements under Penal Code section 12022.7 where appellant was convicted of felony evasion of a pursuing peace officer and vehicular manslaughter. Under 12022.7, subdivision (f), the great bodily injury enhancement is not to apply to murder or manslaughter, and here the court found that included vehicular manslaughter. The trial court also erred in applying a great bodily injury enhancement under section 12022.7 to a conviction for evading a police officer under Vehicle Code section 2800.3. The infliction of great bodily injury is an additional element which, when added to the misdemeanor evasion offense under section 2800.1, elevates it to a felony per section 2800.3. Because it is an element of the offense, it was error to use it to enhance the sentence. Editor’s note: The Attorney General here argued, without discussion, citation to authority or citation to the record, that appellant conceded the issue regarding the enhancements, and that the issue was therefore waived. The Court of Appeal found, in footnote 5, that the Attorney General waived the waiver issue, under Landry v. Berryessa Union School District (1995) 39 Cal.App.4th 1120, 1135-1136, and People v. Sangani (1994) 22 Cal.App.4th 1120, 1135-1136.]