Separate Conviction. Cases brought in separate accusatory pleadings which result in a plea and sentencing on the same dates in a single court (but without actual consolidation) are separate priors. (People v. Thomas (1990) 219 Cal.App.3d 134.)
Juvenile offenses that are not strikes (not listed in W&I § 707(b)):
Voluntary manslaughter
Rape committed by means other than force, violence or threat of GBI
Simple kidnapping committed other than in the course of a carjacking and w/o infliction of bodily harm
A felony in which D was alleged and found to have inflicted GBI
Residential burglary
No requirement that the D serve time in prison
CALCRIM 3100; 3101
Punishment
+5yr enhancement for each prior serious felony conviction (separately brought and tried)
For ISL: Nickel is added to each ISL count
PC 667.5(a) (Violent Prior(s) + Violent Offense)
Elements
(1) Present violent felony conviction with separate CDC term
(2) No 10-year washout (D not in CDC or commit felony offense)
Case Law/Statutes/Notes
Separate term. A continuous completed period of custody is considered a single prior prison term even though it includes multiple felonies (concurrent or consecutive). (PC 667.5(d).)
Washout period. If the defendant remains free of both prison custody or a jail term pursuant to PC 1170(h), and the commission of an offense resulting in a felony conviction from any continuous period of five or ten years following release from prison, or county jail pursuant to PC 1170(h), on the prior, that prior prison term is washed out and cannot be charged as an enhancement. (PC 667.5(a), (b); People v. Fielder (2004) 114 Cal.App.4th 1221, 1228-1234.)
Rape by force, violence ,or fear of immediate & unlawful bodily injury on the victim or another person
Oral copulation by force, violence, duress, menace, or fear of immediate and unlawful injury on the victim or another person
Sodomy by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person
Lewd acts on a child under the age of 14 years by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person
PC 289(a) where act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person
Kidnapping as punished in former PC 208(d), or for ransom, extortion or robbery
Robbery involving use of force or a deadly weapon
Carjacking involving use of a deadly weapon
Assault with intent to commit murder
Assault with a deadly weapon
Assault with a force likely to produce GBI
Assault with intent to commit rape, sodomy, oral copulation, sexual penetration in violation of PC 289, or lewd and lascivious acts on a child
Arson of a structure
Escape or attempted escape by an inmate with force or violence in violation of PC 4530(a) or PC 4532
PC 18745, PC 18750, PC 18755, PC 18740
Any felony in which person inflicted GBI as provided in PC 12022.53 or PC 12022.7
Any felony punishable by death or life imprisonment or LWOP
Attempts. Case law consistently holds that an attempt does not constitute a prior conviction unless the relevant statute expressly includes attempts. (People v. Kiger (2022) 76 Cal.App.5th 1147, 1150.)
Punishment
20-Life if 2 qualifying priors
LWOP if > 2 qualifying priors
PC 1203.06
Elements
Elements – PC 1203.06(a)(1)
(1) D personally used firearm
(2) in commission (or attempted commission) of specified offense.
Specified Offenses: Murder; robbery; kidnapping; lewd/lascivious act; res burg; rape; assault w/ intent commit specified sexual offense; escape; carjacking; agg mayhem; torture; continuous sexual abuse of child; felony PC 136.1 or PC 137; sodomy; oral copulation; sexual penetration; aggravated sexual assault of child
Elements – PC 1203.06(a)(2)
(1) Prior conviction for specified offense (above) OR assault w/ intent to commit murder under former PC 217
(2) D personally armed w/ firearm during present offense OR armed w/ firearm at the time of arrest for present offense
Case Law/Statutes/Notes
Armed with a firearm means to knowingly carry or have available or have available for use a firearm as a means of offense or defense. (PC 1203.06(c)(1).)
Used a firearm means to display a firearm in a menacing manner, to intentionally fire it, to intentionally strike or a hit a human being with it, or to use it in any manner that qualifies under PC 12022.5. (PC 1203.06(c)(2).)
Principal. “All persons concerned in the commission of a crime…and whether they directly commit the act constituting the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission…are principals in any crime so committed.” (PC 31.)
Punishment
PC 12022(a)(1)
+1y c/s
PC 12022(a)(2)
+3y c/s
Punishment: PC 12022(a)(1) +1y c/s // PC 12022(a)(2) +3y c/s
PC 12022(b)(1), (b)(2) (Personal Use Deadly Weapon)
Elements
PC 12022(b)(1) Elements
(1) Personal use of deadly weapon
(2) Use of deadly weapon not an element of offense
Court must run at least one of the sentences from the “primary offense” group consecutive to at least one of the “secondary offense” group IF one imposed sentence from the primary offense group was to state prison
A weapon is used within the meaning of section 12022.5 not only when it is fired, but when it is pointed at a victim to enforce a demand. (People v. Johnson (1974) 38 Cal.app.3d 1, 12.)
Applies if personally use a firearm but are vicariously liable for the underlying offense
Does not apply to passive possession of a firearm offenses
Multiple weapon enhancements allowed for multiple crimes committed on a single occasion
Probation ineligible for specified crimes (includes attempts). Even if court strikes PC 12022.5 enhancement. (PC 1203.06(a).)
Murder; robbery; kidnapping; lewd/lascivious act; res burg; rape; assault w/ intent commit specified sexual offense; escape; carjacking; aggravated mayhem; torture; continuous sexual abuse of child; felony PC 136.1 or PC 137; sodomy; oral copulation; sexual penetration; aggravated sexual assault of child
Mandatory probation ineligible for listed crimes in PC 1203.06 (even if court strikes the enhancement of PC 12022.5)
Punishment
PC 12022.5(a)
3-4-10 additional consecutive term
Makes serious & violent felony
PC 12022.5(b)
5-6-10 additional consecutive term
Makes offense serious & violent felony (PC 1192.7(c)(8); PC 667.5(c)(8).)
PC 12022.53(b)-(d) (Personally Use/Discharge Firearm + Designated Felony)
Elements
PC 12022.53(b) // Personally Use Firearm + Designated Felony
(1) D personally used firearm
(2) While committed designed felony in PC 12022.53(a)
PC 12022.53(c) // Discharge Firearm + Designated Felony
(1) D personally discharged firearm
(2) While committed designed felony in PC 12022.53(a)
PC 12022.53(d) // Discharge Firearm + Designated Felony + GBI
(1) D personally discharged firearm
(2) While committed designed felony in PC 12022.53(a), PC 246, or PC 26100(c), (d)
(3) Proximately causes GBI or death to another person (non-accomplice)
Case Law/Statutes/Notes
Designated Felonies:
PC 187
PC 203 or 205
PC 207, 209, 209.5
PC 211
PC 215
PC 220
PC 245(d)
PC 261
PC 264.1
PC 286
PC 287 or former 288a
PC 288 or 288.5
PC 289
PC 4500
PC 4501
PC 4503
Any felony punishable by death or imprisonment in state prison for life
Any attempt to commit a crime listed here (EXCEPT ASSAULT)
Attempts. Enhancement can attach.
Applies even if use of firearm element of qualifying offense
Multiple Enhancements. Other firearm enhancements cannot also be imposed. (PC 12022.53(f).)
Probation. Court cannot grant. (PC 12022.53(g); PC 1203.06.)
Similarly, if if the designated felony is not found by the trier of fact (e.g. manslaughter verdict in a murder case), the court can substitute a then-invalid PC 12022.53 for a PC 12022.5 at the prosecution’s request. (People v. Fiahlo (2014) 229 Cal. App. 4th 1389, 1398-1399.)
Punishment
PC 12022.53(b)
Add 10 years c/s
Makes serious & violent felony
Mandatory denial of probation
PC 12022.53(c)
Add 20 years consecutive
Makes serious & violent felony
Mandatory denial of probation
PC 12022.53(d)
Adds additional 25-life consecutive term
Makes serious & violent felony
Mandatory denial of probation
PC 12022.7(a)-(e) (Personally Inflicting GBI)
Elements
PC 12022.7(a) // Personally Inflict GBI
(1) D personally inflicted
(2) GBI on a person (not accomplice)
(3) During the crime
(4) Infliction of GBI not an element of offense
Case Law/Statutes/Notes
Must prove at PH. (See People v. Rogers (2016) 245 Cal.App.4th 1353, 1365-1366 [holding at PH “the People must present evidence sufficient to establish probable cause on [conduct] enhancement allegations” and that PC 12022.7 was a conduct enhancement allegation].)
Applies to PC 245, DUI
Does not apply to murder, manslaughter, or arson. (PC 12022.7(g).)
The group beating instruction (CALCRIM 3160), as it relates to whether a D personally inflicted GBI in a group attack, is proper when the D personally uses force against the victim and the precise injurious effect of the D’s actions is unclear. (People v. Dunkerson (2007) 155 Cal.App.4th 1413, 1414.)
Multiple Victims. May get multiple GBI enhancements on a single count if there are multiple victims
Great Bodily Injury
Loss of Consciousness. Can be sufficient to establish GBI. (People v. Wade (2012) 204 Cal.App.4th 1142, 1149 [finding loss of consciousness sufficient for serious bodily injury and noting serious bodily injury is “essentially equivalent” to “great bodily injury” as used in PC 12022.7(a)].)
In Sum: “An examination of California case law reveals that some physical pain or damage, such as lacerations, bruises, or abrasions is sufficient for a finding of ‘great bodily injury.’” (People v. Washington (2012) 210 Cal.App.4th 1042, 1047.)
“[A] person who merely aids, abets, or directs another to inflict an injury is not subject to the enhanced penalty of section 12022.7.” (People v. Ollo (2021) 11 Cal.5th 682, 692.)
A pregnancy resulting from nonforcible sexual conduct with a minor is not an injury that could support a finding of GBI. “Commonly understood, the phrase ‘personally inflicts’ means that someone ‘in person’, that is, directly and not through an intermediary, ’cause[s] something (damaging or painful) to be endured.’” (People v. Cross (2008) 45 Cal.4th 58, 63-66.)
D tackled by officer while fleeing on a bicycle, which caused both men to fall to ground. Held, no ‘personal infliction’ of GBI. “To personally inflict injury, the actor must do more than take some direct action which proximately causes the injury. The defendant must directly, personally, himself inflict the injury…[Because the defendant] was trying to escape arrest on a bicycle and the officer injured himself when he tackled [the defendant],” the evidence did not show the D directly injured the officer. (People v. Rodriguez (1999) 69 Cal.App.4th 341, 349-352.)
“A dog may be the instrumentality of an attack causing great bodily injury just as a loaded gun or knife can be.” (Ibid.)
Failure to act where action is required. A defendant may personally inflict GBI by “fail[ing] to act where action is required.” (People v. Warwick (2010) 182 Cal.App.4th 788, 795.)
D’s neglect of her duty to protect her child ‘led directly’ to the child’s injuries…the injuries…were caused by parental neglect, and not by an intermediary or the intervention of another.” (People v. Millan et al (May 20, 2025) BF185360A.)
Punishment
PC 12022.7(a): add 3 years
PC 12022.7(b): add 5 years if D personally inflicts GBI causing coma or paralysis
PC 12022.7(c): add 5 years if victim = 70 or older
PC 12022.7(d): 4-5-6 additional consecutive term if V < 5 years old
PC 12022.7(e): 3-4-5 additional consecutive term if inflicts GBI under circumstances involving DV
Makesserious and violent felony
VC 23558 (DUI: Multiple Victims)
Elements
(1) Proximately caused bodily injury to more than one victim
(2) While violating VC 23153, PC 191.5, or PC 192.5(a)
Does not specify court may consider D’s prior convictions based upon certified record w/o submitting to the jury (contrary to 1170(b)(2) allegations)
Does not contain a presumption in favor of lower term if one of three specified mitigants are established. (PC 1170(b), (c).)
Multiple enhancements on single count
General rule: only one weapon enhancement for single crime and only one injury enhancement, for single victim on a single crime is permitted
No limitation on imposition of both a weapon and injury enhancement for a single crime (except possible 654 issues & 1385(c).)
Enhancement Limitations
PC 1170.1(f) – only one weapon enhancement for single crime
Court does not STRIKE the extra enhancement; merely STAYS extra enhancement (Cal Rule of Ct 4.447)
PC 1170.1(g) – only one injury enhancement of a single victim on a single crime. Multiple injury enhancements allowed for multiple Vs on a single crime
Courts discretion to strike enhancements
PC 1385(a) – authority to dismiss in furtherance of justice
PC 1385(b) – if court has authority to strike or dismiss an enhancement it may instead strike the punishment in the furtherance of justice pursuant to (a)
PC 1385(c)
Dual Use of Facts
Can use aggravating factors relating to enhancement and aggravating factors relating to D to set the term for the enhancement
Can use same factor to set the term for the crime and the term for the enhancement
Cannot use an imposed enhancement to aggravate the base term for the crime