Does Section 12022.7 of the California Criminal Code apply to a person who personally inflicts great bodily injury on another person other than an accomplice?

California, United States of America


The following excerpt is from People v. Superior Court (Duval), 198 Cal.App.3d 1121, 244 Cal.Rptr. 522 (Cal. App. 1988):

Section 12022.7 states in relevant part: "Any person who, with the intent to inflict such injury, personally inflicts great bodily injury on any person other than an accomplice in the commission or attempted commission of a felony shall, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he has been convicted, be punished by an additional term of three years...." This section may be applied to any crime except those where serious bodily injury is an element of the substantive charge. ( 12022.7; People v. Parrish (1985) 170 Cal.App.3d 336, 344, 217 Cal.Rptr. 700.)

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