Beltran

Liderato C. Beltran appeals from the judgment entered after a jury convicted him of felony evasion of a pursuing peace officer (Veh. Code, § 2800.3) and vehicular manslaughter. (Pen. Code, § 192, subd. (c)(1).) For the reasons set forth below, we reverse the judgment to the extent it imposed great bodily injury enhancements (Pen. Code, § 12022.7) and limited Beltran’s presentence custody credits under Penal Code section 2933.1 and remand for resentencing. In all other respects, the judgment is affirmed.

Facts and Procedural History

Around 8:30 a.m. on September 29, 1997, two Los Angeles police officers tried to conduct a traffic stop on a car which they noticed had no rear license *695 plate. The car, driven by defendant and appellant Liderato C. Beltran, did not stop. Instead, after tossing a plastic bag filled with a white powder from the window, Beltran drove through numerous stop signs. He eventually collided with a car driven by 75-year-old Dong Park. Dong Park’s wife, Jong Hee Park, age 76, was in the front passenger seat. Jong Hee Park was bleeding profusely from several facial cuts. Dong Park was unconscious. He died a month later from injuries sustained in…

I concur in my colleagues’ analysis except in one narrow respect. I respectfully disagree with the analysis in footnote 5 which holds that defendant has waived the issue of the sufficiency of the evidence to permit him to have been found to have inflicted great bodily injury in the meaning of Penal Code section 12022.7. In my view, this is a sufficiency of the evidence issue and nothing more. Defendant contends that he could not have been found to have inflicted great bodily injury within the meaning of Penal Code section 12022.7. “Great bodily injury” within the meaning of Penal Code section 12022.7 is exactly the same as “serious bodily injury” as defined by Vehicle Code section 2800.3 and Penal Code section 243, subdivision (f)(4). Penal Code section 12022.7, subdivision (c) prohibits the imposition of the additional five-year term because the principal offense is one which has great bodily injury as an element. This is a sufficiency of the evidence issue, which is never waived.