People v. Hawkins

Opinion

NOTT, J.

As a result of a trial by jury, appellant Jeffrey Hawkins was convicted of battery with serious bodily injury, in violation of Penal Code section 243, subdivision (d). The jury also found true an enhancing allegation that appellant intentionally inflicted great bodily injury on the victim, within the meaning of Penal Code section 12022.7.

The trial court sentenced appellant to the low term of two years plus an additional three years under section 12022.7. We hold that by imposing an enhancement which is an element of the battery charge, the trial court ordered an improper…