People v. Moringlane

In People v. Moringlane (1982) 127 Cal. App. 3d 811, the defendant was convicted of three counts of assault with three associated great bodily injury enhancements for shooting at two people and inadvertently hitting a third. The Moringlane court concluded that only one great bodily injury enhancement could be imposed under these circumstances: "Here the only great bodily injury pleaded and proved was upon the third person who was inadvertently hit. It resulted from a single act of defendant. Multiple punishment therefor is proscribed by Penal Code section 654." ( Moringlane, supra, 127 Cal. App. 3d at p. 819.)