Poroj

I. INTRODUCTION

Defendant Israel Poncio Poroj was driving eastbound on the Ramona Expressway in a Ford F-150 truck when he swerved into oncoming traffic and collided head on with a small pickup truck occupied by Salvador Gonzaga and his wife, Maria Gonzaga. Defendant admitted he had been drinking several hours before the collision. Salvador Gonzaga was killed in the collision. Maria Gonzaga suffered soft tissue injuries and was hospitalized for 36 hours.

A jury found defendant guilty as charged of second degree murder for the death of Mr. Gonzaga (Pen. Code, § 187, subd. (a); count l), 1 driving under the influence of alcohol and causing bodily injury (§ 23153, subd. (a); count 2), and driving with a blood-alcohol level greater than 0.08 percent and causing injury (§ 23153, subd. (b); count 3). The jury also found defendant personally inflicted great bodily injury (GBI) on Mrs. Gonzaga in counts 2 and 3. (§ 12022.7, subd. (a).)

The principal issue on this appeal is whether the jury was properly instructed on the GBI enhancement allegations in counts 2 and 3. Section 12022.7, subdivision (a) provides: “Any person who personally inflicts great bodily injury on any person…