People v. Lamb
Annotate this CaseDefendant was convicted of assault by means of force likely to produce great bodily injury, battery resulting in great bodily injury, and involuntary manslaughter. The jury found true an enhancement alleging defendant personally inflicted great bodily injury in the commission of the assault, causing the victim to become comatose. Defendant was involved in an argument with the victim and another individual in the parking lot of a grocery store. Defendant struck the victim once in the head and the victim fell down, fracturing his skull on the pavement. The court concluded that the great bodily injury enhancement was properly attached to defendant's conviction for felony assault where the injury occurred in the commission of the assault and great bodily injury applies to felonies whose elements do not require touching. The court also concluded that the great bodily injury enhancement attached to count 2 was not barred by Penal Code section 12022.7, subdivision (g). Accordingly, the court affirmed the judgment.
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