People v. Slough
Annotate this CaseThe Court of Appeals reversed a jury's finding that defendant inflicted great bodily injury (GBI) in committing the offense of selling or furnishing heroin. Anyone who personally inflicts GBI on anyone other than an accomplice in the commission of a felony shall, in addition to the term of imprisonment imposed for the underlying offense, receive an additional three-year prison term pursuant to Penal Code, 12022.7, subd. (a). The Court of Appeals followed settled precedent in recognizing that "personally" in this context means the GBI is directly caused by the offender in his or her commission of a felony. In this case, defendant sold heroin to a buyer, and it was the buyer who "personally" inflicted GBI on himself when he injected some of the heroin and suffered a fatal overdose.
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