What is the test for determining whether defendant intended to inflict great bodily injury when he assaulted his victim?

California, United States of America


The following excerpt is from People v. Stewart, E058988 (Cal. App. 2014):

The jury was persuaded defendant used force likely to cause great bodily injury when he assaulted his victim, but did not find proof beyond a reasonable doubt that she in fact suffered great bodily injury. These findings do not resolve the question of whether defendant intended to inflict great bodily injury: the jury was not asked to determine the defendant's specific intent during the commission of the offenses. After hearing defendant's petition for resentencing, the trial court found that defendant did intend to inflict great bodily injury, based on its own review of the record, and the victim's testimony in particular. Defendant argues that Apprendi v. New Jersey (2000) 530 U.S. 466, and its progeny hold that the Sixth Amendment of the United States Constitution requires the issue of defendant's intent to be decided by a jury. Not so.

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