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People v. Munger4/14/2004
e when there are multiple victims. (People v. Murray (1990) 225 Cal.App.3d 734, 749 [multiple punishment by consecutive terms is proper where a single act of violence, such as drunk driving, injures or kills multiple victims].) In People v. Arndt, supra, 76 Cal.App.4th at page 396, the Court of Appeal upheld multiple section 12022.7 enhancements in a felony drunk driving case that resulted in injuries to multiple victims, rejecting an argument that section 654 barred imposition of more than one enhancement. [FN7]
FN7. The Court of Appeal also held in People v. Arndt, supra, 76 Cal.App.4th at page 397, that section 654 barred the imposition of different great bodily injury enhancements (Pen.Code, § 12022.7 & Veh.Code, § 23182) for injuries to the same victim. The court ordered the Vehicle Code section 23182 enhancements to be stayed under Penal Code section 654.
Munger's section 654 argument would lead to an illogical result. A fundamental objective of our penal justice system is that "one's culpability and punishment should be commensurate with the gravity of both the criminal act undertaken and the resulting injuries." (People v. Hill (1994) 23 Cal.App.4th 1566, 1574.)
DISPOSITION
The judgment is affirmed.
I CONCUR: McINTYRE, J.
McDONALD, J., Dissenting.
Munger argues the trial court was not authorized in this case to impose two consecutive terms of the Penal Code section 12022.7, subdivision (b) [FN1] five-year enhancement because section 12022.7, subdivision (h) and section 1170.1, subdivision (g) in effect at the time of the offense prohibited imposing multiple section 12022.7 enhancement terms for the same offense. Here, although two persons were injured, there was only one offense of violating Vehicle Code section 23153, subdivision (a). In the alternative, he argues, the trial court erred by not exercising its discretion to impose concurrent rather than consecutive terms for the section 12022.7, subdivision (b) enhancements.
FN1. All further statutory references are to the Penal Code unless otherwise specified.
Section 12022.7, at the time of Munger's offense, provided:
"(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, as defined in Section 12022.9, 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.
*7 "(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 whic
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