Lewis

People v. Lewis

Good Law
21 Cal. App. 4th 243·25 Cal. Rptr. 2d 827
Court of Appeal of CaliforniaDecember 22, 1993A058378California6,357 words

Opinion

Opinion

Appellant was convicted after a jury trial of attempted voluntary manslaughter (Pen. Code, §§ 664, 192), [1] and brandishing a deadly weapon (§ 417, subd. (a)(1)). The jury further found that appellant inflicted great bodily injury upon the victim within the meaning of section 12022.7, and used a deadly or dangerous weapon in commission of the offense under section 12022, subdivision (b). The trial court determined that appellant suffered two prior serious felony convictions under section 667, subdivision (a).

Appellant was sentenced to a total state prison term of sixteen years, consisting of the middle term of three years for attempted voluntary manslaughter, a consecutive three-year term for the great bodily injury enhancement, and two consecutive five-year terms for the prior felony convictions. The one-year enhancement for use of a weapon was stayed, and appellant was sentenced to time served for the conviction of brandishing a weapon.

The sole contention presented to this court by appellant is that his three-year enhancement for great bodily injury must be stricken as "exempt from ... section 12022.7." [2] Appellant submits that to avoid "anomalous…

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