Lewis

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 sentencing…

I respectfully dissent from the conclusion of the majority that the sentence for attempted manslaughter is subject to the enhancement provisions of Penal Code section 12022.7 for the infliction of great bodily injury.

Appellant’s argument is founded upon the fundamental sentencing premise stated in Penal Code section 664 that, with the exception of “willful, deliberate and premeditated murder,” an attempted felony “is punishable by imprisonment in the state prison for one-half the term of imprisonment *253 prescribed upon a conviction of the offense so attempted . . . ,” 1 Under section 664, “. . . the imposition of a jail sentence for an attempt must be limited to one-half of the maximum jail term which can be given for the substantive crime.” (In re Nickelson (1957) 152 Cal.App.2d 579, 581 [ 314 P.2d 180 ].) Appellant points out that if he had “actually killed” the victim and been convicted of voluntary manslaughter, the range of permissible sentences would have been three, six or eleven years (Pen. Code, § 193, subd. (a)) with no possible imposition of a great bodily injury enhancement under Penal Code section 12022.7. Where, as here, the victim is not killed and a conviction…