In re Jose H

In In re Jose H. (2000) 77 Cal.App.4th 1090, the minor was convicted of violation of section 243, subdivision (d) and a section 12022.7, subdivision (a) great bodily injury enhancement was imposed. The trial court denied his motion to strike the enhancement. The appellate court affirmed, reasoning that, because the court in People v. Hawkins (1993) only "remanded the matter for resentencing" (Jose H., at p. 1096) but did not expressly vacate the enhancement, Hawkins is not authority for striking a great bodily injury enhancement attached to a felony battery conviction. According to Jose H., all that is required is that the enhancement be stayed under section 654. Jose H., however, does not mention section 12022.7, subdivision (g), at all, and, therefore, did not address why by its express terms subdivision (g) does not preclude imposition of the enhancement by law.