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Name: People v. Cook
Case #: E054307
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 12/12/2013
Subsequent History: Review granted 3/12/2014: S215927

A Penal Code section 12022.7, subdivision (a) (great bodily injury) enhancement may not be imposed with respect to a victim who was the subject of defendant’s manslaughter conviction. Appellant was convicted of three counts of vehicular manslaughter (Pen. Code, § 192, subd. (c)(1)) as to victims Williams (count 1), Giambra, and Page. The jury found true three allegations attached to count 1 that appellant had personally inflicted great bodily injury upon Giambra, Page, and Valentine (Pen. Code, § 12022.7, subd. (a)). The court struck punishment for the enhancements as to Giambra and Page, but imposed a three-year consecutive term for victim Valentine. Held: True findings as to Giambra and Page reversed. Section 12022.7, subdivision (g) states, “[t]his section shall not apply to murder or manslaughter . . . . Subdivisions (a), (b), (c), and (d) shall not apply if infliction of great bodily injury is an element of the offense.” The bar in subdivision (g) is limited to imposition of an enhancement with respect to a victim for whom the defendant had already been convicted of manslaughter. As Valentine was not the subject of a manslaughter conviction, the sentence for the enhancement was correct. Imposition of the other two enhancements was barred because Giambra and Page were the subjects of appellant’s manslaughter convictions and, additionally, great bodily injury is an element of the offense (disagreeing with People v. Julian (2011) 198 Cal.App.4th 1524). Further, the court rejected the argument that subdivision (g) does not apply to stayed enhancements.

Jurors’ use of toy cars to reenact collision was not misconduct. Following the jury verdict, appellant filed a petition to disclose juror information. Defense counsel claimed good cause for the disclosure on the basis of information received that one of the jurors used toy cars to reenact the vehicle collision resulting in the deaths. The trial court denied the petition, finding no good cause. Held: Affirmed. For disclosure of juror information to support a motion for new trial based on juror misconduct, there must be sufficient showing that misconduct occurred. Here, the use of the toy cars did not constitute misconduct as it was not a prohibited investigation that went beyond the evidence presented at trial.