P. v. Lovejoy
On July 17, 2006, Dax Lee Lovejoy stabbed Logan Jewell in the back with a knife several times. The victim had four stab wounds in the back, one in the neck, and a laceration above the eye, and was hospitalized for five days. A jury found Lovejoy guilty of assault with a deadly weapon and by means likely to produce great bodily injury (GBI) (Pen. Code, 245, subd. (a)(1); all further statutory references are to the Penal Code), with personal use of a deadly or dangerous weapon (a knife) ( 12022, subd. (b)(1)) and personal infliction of GBI ( 12022.7, subd. (a)). Lovejoy admitted serving a prior prison term ( 667.5, subd. (b), 668). Lovejoy appeals, contending the one-year enhancement for knife use must be stricken because knife use was an element of the substantive offense. The People properly concede the point. (People v. McGee (1993) 15 Cal.App.4th 107; People v. Summersville (1995) 34 Cal.App.4th 1062, 1065, 1069-1070.)
The judgment is modified by striking the one year Penal Code section 12022, subdivision (b)(1) knife use enhancement. As so modified, the judgment is affirmed. The trial court is directed to prepare an amended abstract of judgment and to forward it to the Department of Corrections and Rehabilitation.
Comments on P. v. Lovejoy