Great bodily injury enhancement

Cases

If a court strikes the +3 enhancement, the violent felony classification and 15% cap on credits remain. In In re Pacheco (2007) 155 Cal.App.4th 1439, the defendant pled guilty to inflicting corporal injury to a cohabitant and admitted the GBI allegation. At sentencing, the court struck the additional punishment for the GBI enhancement pursuant to P.C. §1385. In finding that the defendant was entitled to only 15 percent credits pursuant to P.C. §§2933.1 and 667.5, the Court concluded that the enhancement remained even though the additional punishment was stricken. Note, however, that where a defendant is granted probation he will get the normal credits for any time spent in county jail.

If a court stays punishment for a count with a 12022.7 allegation, the violent felony classification and 15% cap on credits still apply. (In re Pope (2010) 50 Cal.4th 777.)

12022.7 great bodily injury can't be alleged for murder or manslaughter of the homicide victim, but can be alleged for non-deceased victims in manslaughter. (People v. Verlinde (2002) 100 Cal.App.4th 1146.)

Statute

Penal Code section 12022.7

(a) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three years.

(b) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony which causes the victim to become comatose due to brain injury or to suffer paralysis of a permanent nature shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. As used in this subdivision, “paralysis” means a major or complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism.

(c) Any person who personally inflicts great bodily injury on a person who is 70 years of age or older, other than an accomplice, in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for five years.

(d) Any person who personally inflicts great bodily injury on a child under the age of five years in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for four, five, or six years.

(e) Any person who personally inflicts great bodily injury under circumstances involving domestic violence in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three, four, or five years. As used in this subdivision, “domestic violence” has the meaning provided in subdivision (b) of Section 13700.

(f) As used in this section, “great bodily injury” means a significant or substantial physical injury.

(g) This section shall not apply to murder or manslaughter or a violation of Section 451 or 452. Subdivisions (a), (b), (c), and (d) shall not apply if infliction of great bodily injury is an element of the offense.

(h) 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.