Supreme Court of California

Sentence for committing a lewd act on a child under the age of 14, and enhancement of that sentence for a finding of great bodily injury, is affirmed where: 1) a pregnancy without medical complications resulting from unlawful but nonforcible intercourse can support a finding of great bodily injury; and 2) jury instructions on whether abortion may constitute great bodily injury were inapplicable given that defendant did not personally perform an abortion on the victim, but defendant was not prejudiced by the instructions.

Appellate Information

• Decided 08/28/2008
• Published 08/28/2008

Judges

• KENNARD, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• Stephen B. Bedrick, under appointment by the Supreme Court, Oakland, for Defendant and Appellant., Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Donald E. de Nicola, Deputy State Solicitor General, Robert R. Anderson, Mary Jo Graves and Dane R. Gillette, Chief Assistant Attorneys General, Gerald A. Engler, Assistant Attorney General, Stan Helfman, Christopher J. Wei, Laurence K. Sullivan and Michael D. O'Reilley, Deputy Attorneys General, for Plaintiff and Respondent.