California Court of Appeal

A defendant convicted of aggravated sexual assault of a child in violation of Penal Code section 269 is also subject to a five-year enhancement per section 12022.8 if he or she inflicted great bodily injury during the assault, because by violating section 269 he or she necessarily committed a crime listed in section 12022.8.

Appellate Information

• Decided 01/06/2004
• Published 01/06/2004

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  A.M. Weisman, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, Mathew K. Chan and Catherine G. Tennant, Deputy Attorneys General, for Plaintiff and Respondent.