California, United States of America
The following excerpt is from People v. Beltran, 210 Cal.App.3d 1295, 258 Cal.Rptr. 884 (Cal. App. 1989):
The Attorney General argues "the instruction on 'bone fracture' was helpful and proper." He relies totally on People v. Villarreal (1985) 173 Cal.App.3d 1136, 1139-1140, 219 Cal.Rptr. 371.
In Villarreal, the defendant was convicted by a jury of assault by means of force likely to produce great bodily injury with a deadly weapon in violation of Penal Code section 245, subdivision (a)(1). The jury found true a great bodily injury allegation, within the meaning of Penal Code section 12022.7, based on multiple nasal fractures suffered by the victim in the attack. (People v. Villarreal, supra, 173 Cal.App.3d at pp. 1138-1139, 219 Cal.Rptr. 371.) Appellant contended the trial court erred in instructing the jury that " '[a] bone fracture constitutes a substantial and significant physical injury within the meaning of Penal Code section 12022.7.' " (Id. at p. 1139, 219 Cal.Rptr. 371.) The appellate court disagreed and affirmed the conviction, holding that the nasal fractures suffered by the victim constituted, as a matter of law, a substantial and significant physical injury within the meaning of Penal Code section 12022.7, and the trial court therefore properly so instructed the jury. (Id. at pp. 1139-1141, 219 Cal.Rptr. 371.)
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