California, United States of America
The following excerpt is from People v. Byers, 275 Cal.Rptr.3d 661, 61 Cal.App.5th 447 (Cal. App. 2021):
have rejected Byers's claims of error, "we likewise conclude that the cumulative effect of these asserted errors was not prejudicial and does not require reversal." ( People v. Bonilla (2007) 41 Cal.4th 313, 360, 60 Cal.Rptr.3d 209, 160 P.3d 84.)
As to kidnapping (count 1), the court imposed a five-year great bodily injury enhancement ( 12022.8). The parties agree that by its terms, section 12022.8 does not apply to kidnapping, and ask that it be replaced by the three-year enhancement for infliction of great bodily injury in the commission of any felony ( 12022.7, subd. (a)). ( People v. Strickland (1974) 11 Cal.3d 946, 961, 114 Cal.Rptr. 632, 523 P.2d 672.) We accept their stipulation and order the judgment be modified accordingly.
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