California Court of Appeal

Conviction of defendant for second degree murder, driving under the influence of alcohol and causing bodily injury, and driving with a blood alcohol level greater than .08 percent and causing injury, and jury's finding that defendant personally inflicted great bodily injury (GBI) on one of the victims in counts 2 and 3 are affirmed as section 12022.7(a) does not require a showing of intent to inflict GBI, separate or apart from the intent required to commit the felony or attempted felony for which the enhancement provision prescribes additional punishment, but rather, the only intent required to support a GBI enhancement under section 12022.7(a) is the intent required to commit the underlying felony or attempted felony.

Appellate Information

• Decided 11/18/2010
• Published 11/18/2010

Judges

• King

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Daniel J. Kessler, Edmund G. Brown, Jr