Gibson

Gene Allen Gibson appeals his convictions by jury trial of causing bodily injury while driving under the influence of alcohol (Veh. Code, §23153, subd. (a)) 1 , and reckless driving causing bodily injury. (§ 23104.) An allegation that he injured more than one person while driving under the influence was found true. (§ 23182.) He contends, inter alia, that *286 the enhancement must be reversed because the verdict does not specify the number of injured victims. We agree and reverse.

Facts

Sherill Smothers, his wife Lynne, and their two-year-old son Antonio were driving home when appellant’s car struck them from the rear, causing their car to spin, flip, and land upside down on the right shoulder of the highway. Antonio was ejected, but his parents remained inside. Mrs. Smothers extricated herself by breaking her passenger side window and crawling out. She found Antonio on the ground in front of the car, He had a “couple of scratches [on] his head, on his face, minor bruises,” but was otherwise uninjured. Mrs. Smothers suffered cuts and bruises on her face, and some soft tissue injury to her back, for which she received chiropractic treatment. She had no back problems…