Does a great bodily injury enhancement on count 1 (murder) apply to the charge of assault with intent to murder?

California, United States of America


The following excerpt is from People v. Barker, B254529 (Cal. App. 2015):

The trial court imposed a sentence of 15 years to life with a possibility of parole on count 1, noting that Barker was not eligible for probation because the jury found the great bodily injury enhancement true. Respondent correctly points out that the great bodily injury enhancement on count 1 (murder) should have been stricken, as section 12022.7, subdivision (g) states that the enhancement "shall not apply to murder or manslaughter." "'We must give effect to this plain language.'" (People v. Cook (2015) 60 Cal.4th 922, 933, 938.) Therefore, the jury's true finding on the great bodily injury enhancement to count 1 must be stricken and the trial court must resentence Barker on count 1 without the enhancement.

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