California Court of Appeal

Conviction of battery with serious bodily injury, Pen. Code section 243(d), and assault by means of force likely to produce great bodily injury, section 245(a)(4), with a finding that defendant personally inflicted great bodily injury on the victim, section 12022.7(a), are affirmed where: 1) CALCRIM No. 3472 is a correct statement of law; 2) the instruction was properly given under the facts in this case; and 3) the reasoning of People v. Ramirez (2015) 233 Cal.App.4th 940 has no application where the party claiming a right to self-defense did not use deadly force.

Appellate Information

• Published 2016/06/07

Judges

• KRIEGLER

Court

• California Court of Appeal

Counsel