People v. Binkerd (2007) 156 Cal.App.4th 424c

People v. Binkerd (2007) 156 Cal.App.4th 424c [-- Cal.Rptr.3d --]

People v. Binkerd (2007)156 Cal.App.4th 424c , -- Cal.Rptr.3d --

[No. B198470.
Second Dist., Div. Six.

Oct. 31, 2007.]

THE PEOPLE, Plaintiff and Respondent, v. JESSICA ROSE BINKERD, Defendant and Appellant.

[Modification of opinion (155 Cal.App.4th 1143).]

THE COURT.-

It is ordered that the opinion filed herein on October 2, 2007, be modified as follows:

1. On page 6 [155 Cal.App.4th 1150, advance report, 1st par., lines 1-12], the text beginning with A conviction through the end of the paragraph, from lines 5 through 14, is deleted. The following is inserted in its place:

In addition, the great bodily injury enhancement alleged in this case under section 12022.7 for the death of Alex Baer is inapplicable to a conviction for section 192, subdivision (c)(3). (See ? 12022.7, subd. (g) [this enhancement shall not apply to murder or manslaughter].) Sentencing appellant on the lesser included offense of Vehicle Code section 21353, with a great bodily injury enhancement under section 12022.7 as alleged in count 2 for the injuries suffered by the deceased victim Alex Baer, circumvents the statutory scheme for vehicular manslaughter.

There is no change in the judgment.