Does the allegation of grievous bodily harm under section 12022.7 constitute a violation of section 1203.06 of the Penal Code?

California, United States of America


The following excerpt is from People v. Allen, 165 Cal.App.3d 616, 211 Cal.Rptr. 837 (Cal. App. 1985):

We addressed a similar question in People v. Barela (1983) 145 Cal.App.3d 152, 161, fn. 5, 193 Cal.Rptr. 257. There, the information alleged that the defendants personally used a firearm within the meaning of Penal Code section 12022.5. The information did not, however, allege a violation of section 1203.06--the companion section for use of firearms to section 1203.075, alleged here. In deciding that case we ruled that the allegation of the one section "imparts sufficient knowledge to respondent that use of a firearm is at issue." (People v. Barela, supra, 145 Cal.App.3d at 161, fn. 5, 193 Cal.Rptr. 257.) We reach the same conclusion here. In alleging that the defendants inflicted great bodily injury within the meaning of Penal Code section 1203.075, the information gave defendants sufficient notice that great bodily injury was at issue. The trial court was therefore not in error in enhancing defendants' convictions under section 12022.7.

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