Is there any case law in which a defendant has been found liable for the infliction of great bodily injury on a victim during the course of a burglary?

California, United States of America


The following excerpt is from People v. Gonzales, E063783 (Cal. App. 2016):

Other authority on which defendant relies is simply inapposite. Neither People v. Bodely (1995) 32 Cal.App.4th 311, addressing the scope of felony murder liability, nor People v. Ramirez (1979) 93 Cal.App.3d 714, considering the application of enhancements for causing the infliction of great bodily injury on the victims during the course of a burglary or certain other offenses, has any applicability to the present case. Defendant's point, apparently, is that a burglary may sometimes be a part of the same continuous course of conduct as an assault. That is true enough, but has little bearing on the issue of whether the trial court's implicit determination based on the evidence presented at trialthat defendant acted with separate intents and objectives in the commission of this burglary and this assaultwas supported by substantial evidence. It was, so we find no error.

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