Can Section 12022.7 enhancement to the crime of battery be reduced to "great bodily injury"?
California, United States of America
The following excerpt is from People v. Hang, B258182 (Cal. App. 2015):
Section 12022.7 expressly provides that subdivision (d) "shall not apply if infliction of great bodily injury is an element of the offense." ( 12022.7, subd. (g); People v. Weaver (2007) 149 Cal.App.4th 1301, 1326.) Great bodily injury as defined in
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section 12022.7 is an element of the crime of battery causing serious bodily injury in violation of section 243, subdivision (d). (See People v. Beltran (2000) 82 Cal.App.4th 693, 696-697 ["The terms 'serious bodily injury' in section 243 and 'great bodily injury' in section 12022.7 have substantially the same meaning"]; People v. Hawkins (1993) 15 Cal.App.4th 1373, 1376.) Thus, the section 12022.7 enhancement must be stricken for all purposes.
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