GBI: Intent To Inflict GBI Not Required
May 30th, 2014

People v. Poroj (2011) 190 Cal. App. 4th 165, 168, upheld CC 3160, finding that the instruction correctly explained that the enhancement for personally inflicting great bodily injury in PC § 12022.7, “does not require a showing of intent to inflict GBI, separate or apart from the intent required to commit the felony or attempted felony for which the enhancement provision prescribes additional punishment.” (Ibid.) Poroj held that “the statute only requires a showing that defendant ’personally inflict[ed]’ great bodily injury ‘in the commission of a felony or attempted felony. . . .’(§ 12022.7, subd. (a).) Thus, the only intent required to support a GBI enhancement under section 12022.7, subdivision (a) is the intent required to commit the underlying felony or attempted felony.” (Ibid., but see contrary cases cited by Poroj at p. 175.)

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