In a sexual assault case, what is the test for establishing that defendant intended to inflict great bodily injury on the victim?

California, United States of America


The following excerpt is from People v. Crockett, C074342 (Cal. App. 2015):

5. To establish defendant's intent to inflict great bodily injury on the teenager during the commission of his offenses against the female victim, the People also cite to the probation report in case No. C061217. While it was presumably competent for the prosecutor's purpose of establishing defendant's criminal history (in the absence of objection from defendant), it is not part of the record of conviction that can establish the nature of defendant's commitment offense. (People v. Trujillo (2006) 40 Cal.4th 165, 179-180.)

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