PEOPLE v. WEAVER

Filed 4/9/07; pub. order 4/19/07 (see end of opn.)

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

Story continued from Part II

D

Weaver also asserts the trial court erred by imposing the three-year section 12022.7, subdivision (a) enhancement because she pleaded guilty only to a charged section 191.5, subdivision (a) offense, which is "victim-specific" (i.e., Mara was the victim of that offense) and thereby precluding a section 12022.7, subdivision (a) enhancement for her personal infliction of great bodily injury on the other person injured in the collision (e.g., Sigalov). Although she notes that in People v. Verlinde (2002) 100 Cal.App.4th 1146 we concluded a section 12022.7, subdivision (a) enhancement could be imposed for injuries to persons other than the deceased victim in a vehicular manslaughter, she attempts to distinguish that case by noting in Verlinde the defendant was convicted of both vehicular manslaughter while intoxicated ( 191.5, subd. (a)) and driving under the influence and causing bodily injury (Veh. Code,  23153, subds. (a), (b)). (Verlinde, at p. 1154.) Because in Verlinde the section 12022.7, subdivision (a) enhancement could have been independently imposed based on the lesser Vehicle Code section 23153, subdivision (a) or (b) offense, Weaver argues Verlinde is inapposite because it involved also a "non-victim-specific" offense and therefore its reasoning cannot be applied to her case.

In Verlinde, we rejected the defendant's argument that a section 12022.7, subdivision (a) enhancement could not apply because section 12022.7, subdivision (g) precludes application of section 12022.7's enhancement provisions to murder and manslaughter offenses. We stated:

"The language of section 12022.7, subdivision (g) does not limit application of the statute to this vehicular manslaughter case where, in addition to the homicide victim, two other victims suffered great bodily injury. The statutory exemption for murder and manslaughter is intended to bar imposition of an enhancement for the injuries inflicted on the homicide victim, who obviously has suffered great bodily injury. Thus, the statutory exemption prevents prohibited dual punishment for the same crime. (See  654.) 'When a defendant engages in violent conduct that injures several persons, he may be separately punished for injuring each of those persons, notwithstanding section 654. [Citation.]' [Citation.] Verlinde's argument is inconsistent with a fundamental object of our penal justice system, namely 'that one's culpability and punishment should be commensurate with the gravity of both the criminal act undertaken and the resulting injuries.' [Citation.] Furthermore, a fundamental principle of statutory construction is that the language of a statute should not be given a literal meaning if doing so would result in absurd consequences which the Legislature did not intend. [Citation.]" (People v. Verlinde, supra, 100 Cal.App.4th at pp. 1168-1169, italics added.)

Accordingly, we upheld the trial court's imposition of a three-year section 12022.7, subdivision (a) enhancement for the person(s) injured other than the deceased victim of the vehicular manslaughter. (People v. Verlinde, supra, at p. 1169.)^[1]

We are not persuaded by Weaver's attempt to avoid the application of Verlinde to her case based on the difference that the defendant in Verlinde was convicted of both a "victim-specific" offense and a "non-victim-specific" offense. There is no logical reason to preclude application of section 12022.7, subdivision (a) when a defendant personally inflicts great bodily injury on persons other than the victim of a "victim-specific" offense, but to allow its application when those other persons were injured in the commission of a "non-victim-specific" offense. For example, in Arndt the trial court imposed a separate section 12022.7 enhancement for each of the three persons on whom the defendant personally inflicted great bodily injury in the commission of one "non-victim-specific" offense (i.e., Veh. Code,  23153, subd. (a)). (People v. Arndt, supra, 76 Cal.App.4th at pp. 391-392.) Arndt upheld imposition of the three separate section 12022.7 enhancements because the defendant "inflicted great bodily injury on three separate persons." (Id. at p. 399.) There is no discernable reason a defendant's punishment should be less when the persons on whom he or she personally inflicted injuries were injured in the commission of a "victim-specific" offense, rather than a "non-victim-specific" offense.

Weaver does not persuade us that section 12022.7, subdivision (a) is inapplicable in a case involving only a "victim-specific" murder or manslaughter offense where a person other than the deceased victim sustains great bodily injury. First, and most importantly, we note the express language of section 12022.7, subdivision (a) does not limit its application to a specific victim of a felony offense. Rather, it applies to great bodily injuries sustained by "any person other than an accomplice." ( 12022.7, subd. (a), italics added.) Second, its express language also applies when the defendant personally inflicts great bodily injury on any person "in the commission of a felony." ( 12022.7, subd. (a), italics added.) That language is sufficiently broad to include persons other than the victim of a victim-specific felony offense who sustain great bodily injury during the defendant's commission of that offense. Had the Legislature intended to limit section 12022.7, subdivision (a)'s application to only the ostensible victim injured in the commission of a felony offense, it could have expressly so provided. (Cf.  12022.8 [imposing enhanced punishment for infliction of great bodily injury "on any victim"]; People v. Miller (1977) 18 Cal.3d 873, 881, fn. 5 [enhancement statute that expressly applies to great bodily injury to a victim, rather than a person, does not apply "to persons, who, unfortunately, are incidentally caught up in the events constituting the crime . . . ."], overruled on another ground as noted in People v. Oates (2004) 32 Cal.4th 1048, 1068, fn. 8.) Furthermore, we note it is generally appropriate that a defendant be subject to greater punishment for committing an offense if his or her commission of that offense causes injuries to multiple persons. (People v. Alvarez (1992) 9 Cal.App.4th 121, 128; People v. Pantoja (2004) 122 Cal.App.4th 1, 16.) It is consistent with our criminal justice system to impose greater punishment on Weaver for the great bodily injuries she personally inflicted on Sigalov during her commission of the section 191.5, subdivision (a) offense that caused Mara's death.

In an analogous case, the California Supreme Court in People v. Oates, supra, 32 Cal.4th 1048 rejected a similar contention made regarding the imposition of an enhancement under section 12022.53, subdivision (d), which contains language that parallels that of section 12022.7, subdivision (a).^[2] In Oates, the defendant discharged a gun into a group of five people, injuring one of the persons in that group. (Oates, at p. 1053.) The jury convicted the defendant of five offenses of attempted murder and found true, as to each offense, a section 12022.53 allegation relating to the injury sustained by the one person. (Oates, at p. 1053.) Therefore, as to four of the five "victim-specific" offenses of attempted murder, a section 12022.53 enhancement was imposed for the injury sustained by a person other than the ostensible victim of that attempted murder.^[3] (People v. Oates, supra, 32 Cal.4th at pp. 1053-1054.) On appeal, the defendant argued the trial court should have imposed only one section 12022.53 enhancement (relating to the attempted murder offense involving the person actually injured). (Oates, at p. 1054.) Oates rejected that contention, stating:

"In several respects, the language of section 12022.53 supports imposing multiple subdivision (d) enhancements under the circumstances here. First, by its terms, the subdivision (d) enhancement applies to 'any person' who, 'in the commission of' a specified felony, 'personally and intentionally discharges a firearm and proximately causes great bodily injury . . . or death, to any person other than an accomplice.' (Italics added.) Based on the single injury to Barrera, the requirements of a subdivision (d) enhancement are met as to each of defendant's five attempted murder convictions, including those not involving the attempted murder of Barrera; . . . in the commission of each [attempted murder] offense, defendant 'personally and intentionally discharge[d] a firearm and proximately cause[d] great bodily injury' to a person 'other than an accomplice.' ( 12022.53, subd. (d).)

"Notably, the parties here agree that the phrase, 'any person other than an accomplice,' does not mean 'the victim' of the underlying crime. For example, defendant asserts in his brief that the elements of a subdivision (d) enhancement 'require the imposition of the enhancement even if the injured person is not a victim of crime, such as if he or she was injured by a stray bullet.' Thus, '[i]f there is a qualifying substantive offense, if a firearm is intentionally discharged, and if anyone (but an accomplice), i.e., either the victim or a nearby 'non-victim'--a person who is injured but is not the victim of an enumerated offense--suffers great bodily injury, the enhancement attaches to the offense.' In other words, as defendant explains, 'the "any person other than an accomplice" language is sufficiently indisputable to ensure the imposition of the enhancement if a person other than the victim of the qualifying felony suffers a great bodily injury.' This reading of the statute is consistent with our recent statement that, as '[a]pplied to a defendant/shooter, this enhancement is arguably unambiguous: a defendant who is convicted of a specified felony and is found to have intentionally and personally discharged a firearm proximately causing great bodily injury or death when committing that [felony] is subject to section 12022.53, subdivision (d). [Citation.]' [Citation.] It is also consistent with the fact that the Legislature knows how to limit enhancements to harm done to a 'victim' when that is its intent. (See  12022.8 [imposing enhanced punishment for 'inflict[ing] great bodily injury . . . on any victim']; see also People v. Miller[, supra,] 18 Cal.3d 873, 881, fn. 5 . . . [enhancement statute that 'expressly provides for its application upon great bodily injury to a "victim" rather than to a "person" ' does not apply 'in the case of injury to persons, who, unfortunately, are incidentally caught up in the events constituting the crime'].)" (People v. Oates, supra, 32 Cal.4th at pp. 1055-1056.)

Oates concluded: "Because the requirements of the subdivision (d) enhancement have been satisfied as to each of defendant's attempted murder convictions, subdivision (f) of section 12022.53 requires that the enhancement be imposed as to each conviction."^[4] (People v. Oates, supra, 32 Cal.4th at p. 1056, first italics added.) Oates noted: "Had the Legislature wanted to limit the number of subdivision (d) enhancements imposed to the number of injuries inflicted, or had it not wanted subdivision (d) to serve as the enhancement applicable to each qualifying conviction where there is only one qualifying injury, it could have said so." (Id. at p. 1056.)

Oates also rejected the defendant's argument that his proffered interpretation of analogous language in section 12022.7 precluded application of section 12022.53 enhancements as to offenses not involving the injured person, stating:

"Defendant also argues that we should construe section 12022.53, subdivision (d), like section 12022.7, which, in language similar to section 12022.53, subdivision (d), provides an enhancement for anyone 'who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony.' ( 12022.7, subd. (a).) According to defendant, '[n]o reported case has held that more [section 12022.7] enhancements than the actual number of injuries may be found and imposed' or that such an enhancement may be found and 'imposed not only on [the conviction involving] the injured victim but also as to [the convictions involving] the uninjured victims as well.' Defendant argues we should similarly interpret subdivision (d).

"Defendant's argument is unpersuasive. Notwithstanding his assertions, defendant concedes that '[t]here is "no intimation" in section 12022.7' that ' "only one such enhancement could be employed in any given case" ' where only one person suffers injury. Moreover, defendant cites no case--and we have found none--supporting his construction of section 12022.7. On the other hand, as defendant notes, in People v. Moringlane (1982) 127 Cal.App.3d 811, 815-817 [179 Cal.Rptr. 726] (Moringlane), the trial court imposed three 'bodily injury' enhancements, presumably under section 12022.7, based on the defendant's infliction of a single injury on one of the three people he simultaneously assaulted. Although the appellate court later held that multiple enhancements were improper, it based its decision on section 654, not on the construction of section 12022.7. [Citation.] Moreover, given Moringlane's holding in 1982 that section 654 bars imposition of multiple enhancements, it is not surprising that no reported case has considered whether section 12022.7 itself authorizes multiple enhancements under the circumstances here. Finally, defendant cites--and we find--nothing in the legislative history of section 12022.7 to support his interpretation of that statute. Because nothing supports defendant's construction of section 12022.7, his argument based on that construction fails." (People v. Oates, supra, 32 Cal.4th at pp. 1060-1061, fns. omitted.)

Accordingly, the California Supreme Court upheld the trial court's imposition of all five section 12022.53, subdivision (d) enhancements. (Oates, at p. 1062.)^[5] Because Oates involved an analogous enhancement statute and upheld the imposition of great bodily injury enhancements related to "victim-specific" offenses when the ostensible victims of those offenses were not persons injured by the defendant in the commission of those offenses, we conclude the reasoning in Oates applies to this case and supports our interpretation of section 12022.7, subdivision (a).

In an apposite case involving interpretation of section 12022.7, People v. Ausbie (2004) 123 Cal.App.4th 855 concluded two section 12022.7, subdivision (a) enhancements were properly imposed relating to the two persons on whom the defendant personally inflicted great bodily injury in the commission of only one offense of assault by means of force likely to produce great bodily injury ( 245, subd. (a)(1)). (Ausbie, at pp. 857-858, 865.) Like the section 191.5, subdivision (a) offense in this case, a section 245, subdivision (a)(1) offense is a "victim-specific" offense because it is committed against a particular victim.^[6] In concluding section 12022.7, subdivision (h)^[7]did not prohibit the imposition of multiple section 12022.7, subdivision (a) enhancements relating to one underlying offense, Ausbie stated:

"We . . . construe section 12022.7, subdivision (h) as limiting the sentencing court to one of the subdivision (a), (b), (c), or (d) enhancements for each injured victim, but not as prohibiting the court from imposing a section 12022.7 enhancement for each victim of a single offense when there are multiple victims who suffered great bodily injury.

"Our construction of section 12022.7, subdivision (h) is consistent with the general principle that the law requires greater punishment when there are multiple victims. This state has long recognized that multiple punishment is proper when a single act of violence injures or kills multiple victims. [Citations.]" (People v. Ausbie, supra, 123 Cal.App.4th at pp. 864-865, italics added.)

Therefore, Ausbie upheld the trial court's imposition of two section 12022.7, subdivision (a) enhancements relating to only one victim-specific section 245, subdivision (a)(1) offense. (Ausbie, at p. 865.)

Based on Verlinde, Oates and Ausbie, we conclude a section 12022.7, subdivision (a) enhancement may apply to a victim-specific offense (e.g., a  191.5, subd. (a) offense) even when the ostensible victim of that offense was not, for purposes of section 12022.7, subdivision (a), the person on whom the defendant personally inflicted great bodily injury in the commission of that offense. The trial court properly imposed the three-year section 12022.7, subdivision (a) enhancement. Weaver does not cite, and we have not found, any case in support of her argument to the contrary.^[8]

IV

Section 1192.7, Subdivision (c)(8) Allegations

Weaver contends her conviction of only one offense precludes a court from considering that conviction as two prior serious felony convictions within the meaning of section 1192.7, subdivision (c)(8) and the three strikes law ( 667, subds. (b)-(i)). She apparently is concerned that the true findings on the two section 1192.7, subdivision (c)(8) allegations related to her one "serious felony" conviction would allow a court in the future to treat her as having two prior "strike" convictions.^[9] Weaver argues: "The allegations will be used to support separate strikes under Penal Code section 667, subds. (b)-(i), in the event that Ms. Weaver is convicted of a felony in the future." She therefore argues only one section 1192.7, subdivision (c)(8) allegation should apply to her one section 191.5, subdivision (a) offense.

However, the trial court in this case did not make any decision whether Weaver's section 191.5, subdivision (a) conviction could be considered, in the future, as two prior "strike" convictions based on her admission of the truth of the two section 1192.7, subdivision (c)(8) allegations. Rather, Weaver is concerned with only a possible future decision by a court that she may be considered to have two prior "strike" convictions within the meaning of the three strikes law. That contention is not properly raised in this appeal from the instant judgment.^[10] ( 1237.) Accordingly, Weaver's contention is premature and we need not address it.

V

Victim Restitution Fine

Weaver contends the victim restitution fine imposed by the trial court must be offset or reduced by the amount paid by her insurance company. She states her insurance company paid the victim(s) of her offense $200,000, thereby requiring an equivalent reduction in the victim restitution fine of $229,269.97 imposed by the trial court pursuant to section 1202.4.^[11]

However, the record on appeal does not show her insurance company paid $200,000 to the victim(s) of Weaver's offense. Weaver asserts: "Defense counsel submitted in the statement of [mitigation] evidence showing that Ms. Weaver's insurance company paid the $200,000 policy limit to the Sigalovs." In support of that assertion, she cites page 149 of the clerk's transcript, which is a copy of a letter attached to her statement in mitigation. That letter, dated February 24, 2005, is from David A. Delbon, an attorney apparently representing Sigalov, to Brian McCarthy, Weaver's defense attorney. In that letter, Delbon states in part:

"Further to my recent telephone message, plaintiff/claimant Anatoly Sigalov has agreed to accept CSAA's policy limit of $100,000 on the wrongful death claim, and a separate $100,000 on his own personal injury claim. We are in the process of exchanging closing papers which will include a Release of All Demands to be signed on both claims by Anatoly Sigalov. Once the documents are signed and the draft is forwarded to claimant, the civil matter will be resolved. We expect to close our file within the next four weeks."

It is clear from the content of that letter that the pending settlement of Sigalov's claims had not yet been finalized in writing and Weaver's insurance company had not yet paid any money to Sigalov. Therefore, that letter does not support her assertion that her insurance company had, in fact, paid $200,000 to Sigalov as a victim of her offense. Absent proof that her insurance company paid that amount to Sigalov as a victim of her offense, there is no basis on which to offset or otherwise reduce the amount of the victim restitution fine imposed by the trial court.

In any event, as the People note, in imposing the victim restitution fine at the sentencing hearing, the trial court expressly retained jurisdiction to modify the amount imposed on application of either party (i.e., Sigalov or Weaver). The court stated: "The court will set restitution at this time in the amount of $229,479 subject to modification upward or downward on the application by counsel and a hearing can be held." It later stated: "The superior court will continue to retain jurisdiction to amend the judgment and to address restitution." In subsequently denying Weaver's motion to recall her sentence, the trial court stated in part: "On the limited issue of reduction of restitution based on payments by the defendant's insurance company, counsel should meet and confer to determine if a stipulated adjustment to the restitution figure is appropriate or if the matter needs to be set for hearing on that issue alone." The appellate record does not contain any evidence showing either that the parties stipulated to modification of the victim restitution fine or that Weaver properly requested, and the trial court held, a hearing on modification of that fine.

Section 1202.4, subdivision (f) provides that a victim restitution fine may be established, or presumably modified, by the trial court after the sentencing hearing, stating in part: "If the amount of loss cannot be ascertained at the time of sentencing, the restitution order shall include a provision that the amount shall be determined at the direction of the court." That is in effect what the trial court did in this case. Furthermore, section 1202.4, subdivision (f)(1) provides a defendant with a right to a hearing on the amount of a victim restitution fine, stating:

"The defendant has the right to a hearing before a judge to dispute the determination of the amount of restitution. The court may modify the amount, on its own motion or on the motion of the district attorney, the victim or victims, or the defendant. If a motion is made for modification of a restitution order, the victim shall be notified of that motion at least 10 days prior to the proceeding held to decide the motion."

The appellate record does not show that Weaver (or the prosecutor or Sigalov) requested a hearing to modify the amount of the victim restitution fine imposed by the trial court at Weaver's sentencing. Therefore, to the extent Weaver wishes the amount of that fine to be offset or reduced by all or part of any payment made by her insurance company to Sigalov, she must first follow the appropriate procedures set forth in section 1202.4 by requesting a modification hearing and obtaining an order of the trial court on that request. She may then seek relief in the appellate court for any purported error by the trial court. We conclude Weaver's contention is premature and we need not address its substance.^[12]

DISPOSITION

The judgment is affirmed.

McDONALD, J.

WE CONCUR:

NARES, Acting P. J.

McINTYRE, J.

Filed 4/19/07

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE COURT:

The opinion filed April 9, 2007, is ordered certified for publication.

The attorneys of record are:

Patrick Morgan Ford, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Mary Jo Graves, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Jeffrey J. Koch and James D. Dutton, Deputy Attorneys General, for Plaintiff and Respondent.

HALLER, Acting P. J.

Copies to: All parties

Publication Courtesy of California attorney referral.

Analysis and review provided by Vista Property line attorney.

^[1] Regarding the second person injured other than the deceased victim, we remanded the matter for a determination whether he was an accomplice within the meaning of section 12022.7, subdivision (a), which, if found to be true, would preclude the imposition of a second three-year section 12022.7, subdivision (a) enhancement. (People v. Verlinde, supra, 100 Cal.App.4th at p. 1169.)

^[2] Section 12022.53, subdivision (d) provides: "[A]ny person who, in the commission of a felony specified in subdivision (a) [e.g., murder or attempted murder] . . . , personally and intentionally discharges a firearm and proximately causes great bodily injury, as defined in Section 12022.7, or death, to any person other than an accomplice, shall be punished by an additional and consecutive term of imprisonment in the state prison for 25 years to life." (Italics added.)

^[3] A fifth section 12022.53 enhancement was imposed in connection with the attempted murder offense involving the person who actually sustained the great bodily injury. (People v. Oates, supra, 32 Cal.4th at pp. 1053-1054.)

^[4] Section 12022.53, subdivision (f) provides: "If more than one enhancement per person is found true under this section, the court shall impose upon that person the enhancement that provides the longest term of imprisonment."

^[5] In a concurring opinion joined by Justices Kennard and Moreno, Justice Werdegar essentially agreed with the majority opinion's reasoning, stating in part: "The drafters of section 12022.53, subdivision (d), however, did not limit its application to qualifying offenses involving great bodily injury to the victim of the underlying offense, but, rather, offenses in the commission of which the defendant causes great bodily injury to 'any person other than an accomplice.' Moreover, there may be circumstances--as when a qualifying offense has been committed against an uninjured victim but not the injured victim--in which imposing a subdivision (d) enhancement for injury to someone other than the victim of the underlying crime will best fit the punishment to the crime. The majority is thus probably correct that subdivision (d)'s specification that the injurious discharge of a firearm must have occurred 'in the commission of' the underlying qualifying felony was not intended to limit enhancements to cases where the victim in that felony sustained great bodily injury. Nor does any other language in the statute clearly limit the number of subdivision (d) enhancements that may be imposed based on a single gunfire injury." (People v. Oates, supra, 32 Cal.4th at pp. 1070-1071 (conc.opn. of Werdegar, J.), italics added.)

^[6] Although the information in Ausbie apparently did not specify which of the two injured persons was the ostensible victim of the section 245, subdivision (a)(1) offense, for purposes of analogy Ausbie is apposite to this case because there presumably was only one victim of that assault and therefore the other injured person, as in this case, was not the ostensible victim of the offense underlying the section 12022.7, subdivision (a) enhancement. (People v. Ausbie, supra, 123 Cal.App.4th at p. 864.) To the extent the information included both injured persons as ostensible victims of the single charged section 245, subdivision (a)(1) offense, we nevertheless conclude Ausbie supports our reasoning.

^[7] Section 12022.7, subdivision (h) provides: "The court shall impose the additional terms of imprisonment under either subdivision (a), (b), (c), or (d), but may not impose more than one of those terms for the same offense."

^[8] To the extent Weaver relies on People v. Beltran (2000) 82 Cal.App.4th 693 as support for her contention, that case is inapposite and, in any event, we decline to apply its reasoning here because of our contrary reasoning in Verlinde. In Beltran, a section 12022.7, subdivision (c) allegation was found true as to each of the offenses of evasion of a pursuing police officer that caused serious injuries (Veh. Code,  2800.3) and vehicular manslaughter ( 192, subd. (a)(1)). (Beltran, at p. 695.) Without any substantive reasoning, Beltran first summarily concluded a section 12022.7 enhancement could not apply to the vehicular manslaughter offense regarding injuries sustained by a person other than the deceased victim because then-section 12022.7, subdivision (f) [now subd. (g)] provided section 12022.7 shall not apply to murder or manslaughter. (Beltran, at p. 696.) Based on our reasoning in Verlinde, quoted above, we disagree with that conclusion by Beltran and decline to apply it to this case. Beltran then substantively addressed the question of whether a section 12022.7, subdivision (c) enhancement could not apply to the Vehicle Code section 2800.3 offense because section 12022.7, subdivision (c)'s elements were included in that underlying offense of evasion of a pursuing police officer that caused serious injuries to others (Veh. Code,  2800.3). (Beltran, at pp. 695-697.) Beltran concluded the elements of that enhancement were included in the underlying offense and therefore the enhancement could not be imposed as to that offense. (Id. at pp. 696-697.) Therefore, that aspect of Beltran is inapposite and does not persuade us to conclude otherwise.

We further note that Weaver's victim-specific argument in this part III.D. is logically inconsistent with her argument in part III.C., ante, that a one-year Vehicle Code section 23558 enhancement should apply instead of a three-year section 12022.7, subdivision (a) enhancement. Under Weaver's instant argument, neither enhancement could apply in the circumstances of this case.

^[9] Weaver admitted the allegations related to her section 191.5, subdivision (a) offense, including an allegation that in committing that offense she personally inflicted great bodily injury on Mara within the meaning of section 1192.7, subdivision (c)(8) and an allegation that in committing that offense she personally inflicted great bodily injury on Sigalov within the meaning of section 1192.7, subdivision (c)(8).

^[10] To the extent Weaver argues her admission of the truth of the two section 1192.7, subdivision (c)(8) allegations may affect her placement status in prison, the appellate record does not show that her prison placement has, in fact, been affected by those admissions. If, and when, those admissions affect her prison placement, she may then seek whatever recourse may be available to her.

^[11] We note, but do not resolve, the apparent discrepancy between the amount of the victim restitution fine reflected in the reporter's transcript (i.e., $229,479) and the amount reflected in the clerk's transcript (i.e., $229,269.97).

^[12] Although Weaver cites People v. Jennings (2005) 128 Cal.App.4th 42 in support of her contention, that case is inapposite because the appellate record there showed the defendant's insurance company had paid money to the victim and the defendant had properly requested, and received, a modification hearing in the trial court. (Id. at pp. 47-49.)