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Name: People v. Murillo
Case #: D058142
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/15/2011
Summary

Under Penal Code section 1170.1, imposition of sentences for both the great-bodily-injury and use of a deadly weapon enhancements is not limited and is not subject to Penal Code section 654. Appellant and his companion became involved in a drunken argument and appellant lit the sleeve of his companion’s sweater on fire. She sustained severe external and internal injuries and eventually died. Appellant was convicted of mayhem, assault, and battery. The jury also found true that appellant used a deadly weapon and inflicted great bodily injury in the commission of the offenses. The appellate court rejected appellant’s contention that the sentence for the deadly weapon enhancement must be stayed pursuant to Penal Code section 654. The plain language of Penal Code section 1170.1, subdivisions (f) and (g) does not limit the imposition of enhancements applicable to the offense. The only limitation is in the situation where two or more enhancements are alleged for arming (subd. (f)) or great bodily injury (subd. (g)), and then, in each instance, only the greater may be applied. Further, the legislative history of section 1170.1, as well as the language of Penal Code section 654 itself, support the view that section 654 does not apply to section 1170.1, insofar as section 1170.1 addresses enhancements. [See People v. Ahmed, 2011 Cal. LEXIS 12892, opn. date 12/22/2011. Under Penal Code section 1170.1, the trial court is permitted to impose both one weapon enhancement and one great-bodily-injury enhancement. “Because § 1170.1 provided the answer to the question of this case, the court did not consider § 654. The legislature that enacted § 1170.1, subds. (f) & (g), intended to permit the sentencing court to impose both one weapon enhancement and one great-bodily-enhancement for all crimes.”]