P. v. Jiron CA5
Robert Michael Jiron (defendant) stands convicted, following a jury trial, of driving under the influence of a drug and causing bodily injury, during which he proximately caused bodily injury to two other persons and personally inflicted great bodily injury on three other persons (Veh. Code, §§ 23153, former subd. (e), 23558; Pen. Code, § 12022.7, subd. (a); count 1), child endangerment (§ 273a, subd. (a); count 2), and driving with a suspended license (Veh. Code, § 14601.1, subd. (a); count 3). He was sentenced to 17 years 8 months in prison, and ordered to pay restitution, along with various fees, fines, and assessments.
On appeal, we hold: the enhancements alleged after defendant waived his right to a preliminary hearing must be stricken; there was no prejudicial instructional error; the trial court erred by imposing full prison terms for enhancements attached to a subordinate term; and the sentence on count 3 must be stayed pursuant to section 654. Accordingly, we affi
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