Is there a sufficient factual basis to support an allegation that appellant personally inflicted great bodily injury within section 1192.7, subdivision (c) of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Bow, 13 Cal.App.4th 1551, 17 Cal.Rptr.2d 94 (Cal. App. 1993):

Based on the information contained in the probation report, it appears that there was a sufficient factual basis to support an allegation that appellant personally inflicted great bodily injury within the meaning of section 1192.7, subdivision (c) and that he used his vehicle as a deadly weapon within the meaning of section 1192.7, subdivision (c). We agree with appellant that the latter enhancement requires evidence that the vehicle was used intentionally; mere negligence is not enough. (People v. Jones (1981) 123 Cal.App.3d 83, 97, 176 Cal.Rptr. 398.)

The complaint to which appellant pled guilty did not allege either that appellant inflicted great bodily injury or that he intentionally used his vehicle as a weapon. But he did plead guilty to the special allegation that his prior conviction constituted a serious felony within the meaning of section 667, subdivision (a). Appellant is bound by that admission. (See People v. Jackson, supra, 37 Cal.3d at pp. 836-837, 210 Cal.Rptr. 623, 694 P.2d 736.)

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