People v. Lewis

I respectfully dissent from the conclusion of the majority that the sentence for attempted manslaughter is subject to the enhancement provisions of Penal Code section 12022.7 for the infliction of great bodily injury.

Appellant’s argument is founded upon the fundamental sentencing premise stated in Penal Code section 664 that, with the exception of “willful, deliberate and premeditated murder,” an attempted felony “is punishable by imprisonment in the state prison for one-half the term of imprisonment *253prescribed upon a conviction of the offense so attempted . . . ,”1 Under section 664, “. . .…