 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Munger4/14/2004
Andre M. Munger pled guilty to causing injury to persons while driving under the influence of alcohol (Veh.Code, § 23153, subd. (a)) and with a blood/alcohol level of .08 percent or more (Veh.Code, § 23153, subd. (b)). Munger admitted inflicting great bodily injury on two persons who were rendered paralyzed within the meaning of Penal Code section 12022.7, subdivision (b). [FN1] The trial court sentenced Munger to a prison term of 11 years 4 months, consisting of the 16-month lower term for the felony drunk driving count (Veh.Code, § 23153, subd. (a)) plus two consecutive five-year enhancements for causing paralysis to two persons (Pen.Code, § 12022 .7, subd. (b)).
FN1. All further statutory references are to the Penal Code unless otherwise specified.
Munger appeals, contending the court erred in imposing multiple section 12022.7, subdivision (b) enhancements, or, in the alternative, the court erred by not exercising its discretion to impose the enhancements concurrent to each other rather than consecutive to each other. We affirm.
FACTS
On July 5, 2002, Munger drove himself and Kory Laird to a party in Escondido. Peter Flynn, a friend of Laird's, also attended the party. All three of them drank alcohol at the party. Flynn asked Laird for a ride home, and Laird suggested Munger would take him home. At about 2:35 a.m. on July 6, the trio left the party. Munger lost control of his pickup truck, which crashed into a tree. Laird and Flynn were paralyzed as a result of injuries received in the crash. Munger had a blood/alcohol level of 0.18 percent after the accident.
DISCUSSION
Munger contends the court erred by imposing two enhancements under section 12022.7, subdivision (b) because the statutory language permitted imposition of only one enhancement. The contention is without merit.
At the time of the offense, Section 12022.7 read in pertinent part:
"(a) A person who personally inflicts great bodily injury on any person other than an accomplice in the commission or attempted commission of a felony shall, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished by an additional term of three years, unless infliction of great bodily injury is an element of the offense of which he or she is convicted.
"(b) A person found to have inflicted great bodily injury pursuant to subdivision (a) which causes the victim to become comatose due to brain injury or to suffer paralysis ... of a permanent nature, shall be punished by an additional and consecutive term of five years."
"(c) A person who personally inflicts great bodily injury on a person who is 70 years of age or older, other than an accomplice, in the commission or attempted commission of a felony shall, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished by an additional term of five years, unless infliction of great bodily injury is an element of the offense of which he or she is convicted.
*2 "(d) A person who personally inflicts great bodily injury on a child under the age of five years in the commission or attempted commission of a felony shall, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished by an additional term of four, five, or six years, unless infliction of great bodily injury is an element of the offense of which he or she is convicted. The court shall order imposition of the middle term unless there are circumstances in aggravation or mitigation. The court shall state its reasons for its enhancement choice on the record at the time of sentencing. [ ] ...
"(h) The court shall impo
Page 1 2 3 4 5 6 7 8 California DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|