How has the Court applied the great-bodily-injury enhancement (rule 4.421(a)(1) and the upper term for assault on a defendant who punched his ex-wife in the face?

California, United States of America


The following excerpt is from People v. Warren, A149697 (Cal. App. 2018):

Here, we first conclude the record on appeal is sufficient to support the aggravating factors relied upon by the trial court to justify imposition of the upper term with respect to both count one and the great-bodily-injury enhancement. Regarding the trial court's reliance on the high degree of viciousness of his offense with respect to the count one sentence (rule 4.421(a)(1)), there was evidence that defendant not only punched his (now former) spouse in the face several times, but that, after his punches caused her to fall to the ground, he then placed his knee on her chest to pin her down and threatened to kill her. On this record, we simply cannot conclude the trial court acted arbitrarily or irrationally by imposing the upper term based upon the high degree of viciousness of his offense. (People v. Osband (1996) 13 Cal.4th 622, 728.)

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