Wilson

Penal Code section 1170.1, subdivision (g) permits the imposition of only one enhancement “for the infliction of great bodily injury.” In this case the trial court imposed two enhancements—a section 12022.7, subdivision (a) enhancement for inflicting great bodily injury, and a section 667, subdivision (a)(1) enhancement for committing a “serious felony” having been previously convicted of a serious felony. Defendant’s felony was a serious felony solely because he inflicted great bodily injury.

Is an enhancement for committing a serious felony having been previously convicted of a serious felony (§ 667, subd. (a)(1)), an enhancement “for the infliction of great bodily injury” under section 1170.1, subdivision (g) when the current felony is a serious felony solely because it involved the infliction of great bodily injury? We conclude it is not because the Legislature intended that section 667, subdivision (a)(1) would apply to the defendant’s status as a recidivist, not his conduct of inflicting great bodily injury.

Appointed counsel for defendant Richard Louis Wilson filed an opening brief setting forth the facts of the case and asked this court to review the record and…