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P. v. Burch
A jury found appellant not guilty of attempted murder (Pen. Code,SS 664, 187) asalleged in the first count of the first amended information,but convicted him of the lesser included offense of attempted voluntary manslaughter( SS 664, 192, subd. (a)) and found true allegations that during thecommission of the crime he personally used a deadly and dangerous weapon andpersonally inflicted great bodily injury (SS 12022, subd. (b), 12022.7, subd.(a)). The jury also convicted Burch in count two of assault with a deadly weapon, a knife (S 245, subd. (a)(1)), and found true that in the commission of that offense he personally inflicted great bodily injury (S 12022.7, subd.(a)). Burch admitted he suffered a prior conviction within the meaning ofsection 667, subdivision (a) and was convicted of a serious felony within themeaning of sections 667, subdivision (d) and section 1192.7, subdivision (c).
Burch was sentenced to a 15-year prison term asfollows: the three-year midterm for the attempted voluntary manslaughter,doubled to six years, plus one year for the use of a deadly and dangerousweapon enhancement, three years for the infliction of great bodily injuryenhancement and five years for the prior serious felony. Burch's sentence on the assault with a deadly weapon count and associated enhancement was stayed pursuant to section 654.
Burch's sole contention on appeal is that hisconviction for assault with a deadly weapon with the enhancement for personal infliction of great bodily injury, on which punishment was stayed, should be reversed because it was a lesser offense necessarily included in attempt edvoluntary manslaughter where the latter had enhancements for personal infliction of great bodily injury and personal use of a deadly weapon. As Court explain, Court disagree and affirm the judgment.

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