A defendant convicted of both involuntary manslaughter and assault by means of force likely to produce great bodily injury (GBI) of a single victim, may receive a GBI enhancement on the assault offense. Lamb was convicted of assault by means of force likely to produce GBI (Pen. Code, § 245, subd. (a)(4)), involuntary manslaughter (Pen. Code, § 192, subd. (b)), and battery with serious bodily injury (Pen. Code, § 243, subd. (d)) of a single victim. A GBI enhancement was found true (Pen. Code, § 12022.7, subd. (b)), as was a strike prior and a prior prison term. On appeal Lamb argued that the GBI enhancement could not be attached to the assault offense because he was also convicted of manslaughter involving the same victim. Held: Affirmed. The GBI enhancement does not apply to murder, manslaughter, arson, unlawfully causing a fire, or any offense whose elements include the infliction of GBI (Pen. Code, § 12022.7, subd. (g)). “The statute is silent as to whether it applies to other offenses brought within the same criminal proceeding.” In People v. Cook (2015) 60 Cal.4th 922, the court held that a sentence for gross vehicular manslaughter of one victim may not be enhanced for the defendant’s infliction of GBI on other victims. Here, however, Lamb’s conviction for involuntary manslaughter was not enhanced under 12022.7. Instead the enhancement applied to his conviction for assault by means of force likely to produce GBI. Agreeing with People v. Martinez (2014) 226 Cal.App.4th 1169, the court concluded this was appropriate. Further, Lamb is not being punished twice based on a single act against a single victim because the trial court stayed Lamb’s punishment for involuntary manslaughter (Pen. Code, § 654).
The full opinion is available on the court’s website here: http://www.courts.ca.gov/opinions/documents/F069279.PDF