California Court of Appeal

Sentence for conviction of selling or furnishing heroin, Health & Saf. Code section 11352(a), and true finding of an allegation that defendant personally inflicted great bodily injury (GBI) in committing the offense, section 12022.7(a), is reversed as to the true finding on the section 12022.7(a) allegation as to count 1, and the corresponding three-year enhancement is stricken where the evidence is insufficient to support the GBI finding, because defendant sold the heroin, but it was decedent who 'personally' inflicted GBI upon himself.

Appellate Information

• Published 2017/05/02

Judges

• PERREN

Court

• California Court of Appeal

Counsel