P.

DISCUSSION

I. Unauthorized Sentence

Defendant contends his sentence is unauthorized because the personal infliction of great bodily injury enhancement (§ 12022.7, subd. (a)) could not be imposed for evading an officer, causing serious bodily injury. He argues that this, along with counsel’s failure to advise him of his actual exposure if he went to trial, warrants remanding the case with instructions to allow defendant to withdraw his plea.

Section 12022.7, subdivision (a) provides for a three-year enhancement for “[a]ny person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony . . . .” However, “[t]his section shall

3 not apply to murder or manslaughter or a violation of Section 451 or 452. Subdivisions (a), (b), (c), and (d) shall not apply if infliction of great bodily injury is an element of the offense.” (§ 12022.7, subd. (g).)

Five people were injured when defendant’s car struck the GMC Yukon—his passenger D.M., and the four occupants of the Yukon, Susan T., Riley T., Shane T., and Vina K. The People charged defendant with a single count of felony evasion resulting in serious bodily…