P. v. Abrao
As part of a negotiated disposition, defendant Brian Stephen Abrao pleaded no contest to evading a pursuing police officer causing serious bodily injury to another motorist, and admitted a Penal Code[1] section 12022.7 enhancement allegation that he personally inflicted great bodily injury on the victim. Before sentencing, defendant moved to strike the enhancement allegation on the ground that great bodily injury was also an element of the underlying offense. The trial court stayed punishment on the enhancement, but declined to strike it. Defendant contends the trial court erred in so ruling. Court agree, and will reverse the judgment and remand the matter to the trial court to strike the section 12022.7 finding and redetermine defendants custody credits.
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