Gonzalez
People v. Gonzalez
Opinion
Opinion
Ashmann-Gerst, J.
A jury convicted Pedro Gonzalez (appellant) of one count of assault by means likely to produce great bodily injury. (Pen. Code, § 245, subd. (a)(1).) The jury found true two sentence enhancement allegations: that appellant personally inflicted great bodily injury on a person other than an accomplice in the commission of a felony (§ 12022.7, subd. (a)); and that the assault was a “violent felony” committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)).
The trial court sentenced appellant to a term of 16 years in state prison, calculated as follows: the midterm of three years for the assault count, enhanced by three years for appellant’s personal infliction of great bodily injury, and further enhanced by 10 years for appellant’s commission of a violent felony to benefit a criminal street gang. The trial court awarded appellant 208 days of presentence custody credit.
This appeal presents the following question: Does imposition of both the three-year great bodily injury enhancement and the 10-year gang enhancement violate section 1170.1, subdivision (g), which provides in relevant part, “[wjhen two or more enhancements may be imposed for the…