Imposition of both a great bodily injury (GBI) enhancement (Pen. Code, § 12022.7) and a prior serious felony enhancement (Pen. Code, § 667, subd. (a)(1)) is not prohibited even though the defendant’s current offense is only a serious felony because he inflicted GBI. Wilson was convicted of several driving under the influence offenses. Attached to several of the offenses were personal infliction of GBI enhancements (Pen. Code, § 12022.7). A prior serious felony was also found true (Pen. Code, § 667, subd. (a)(1)). At sentencing Wilson argued that Penal Code section 1170.1, subdivision (g) allowed imposition of only the greatest enhancement “when two or more enhancements may be imposed for the infliction of great bodily injury” because his offense only became a serious felonyrendering him eligible for a section 667, subdivision (a)(1) enhancementbecause he inflicted GBI. The trial court imposed both enhancements. Wilson appealed. Held: Affirmed. Penal Code section 1170.1, subdivision (g) provides that when two or more enhancements may be imposed for infliction of GBI on the same victim only the greatest shall be imposed for the offense. Section 1170.1 refers to two kinds of enhancements: (1) those which go to the nature of the offender; and (2) those which go to the nature of the offense. While section 1170.1, subdivision (g) prevents multiple punishment for the infliction of GBI on the same victim in the commission of a single offense, it does not apply to a recidivist enhancement because such an enhancement does not implicate multiple punishment for a defendant’s act of inflicting GBI; it is directed towards the defendant’s status as a repeat offender.
The full opinion is available on the court’s website here: http://www.courts.ca.gov/opinions/documents/C078123.PDF
