People v. Santana
Annotate this CaseAfter a second jury trial, Defendant was convicted of one count of attempted mayhem and two counts of assault with a firearm. Defendant appealed, contending that the trial court erred in instructing the jury that a gunshot wound may constitute a "serious bodily injury" for purposes of the offense of attempted mayhem. The court of appeal reversed the attempted mayhem conviction, holding that the trial court erred in giving the instruction because the instruction suggested to the jury that Defendant could be found guilty of attempted mayhem if it found Defendant merely intended to inflict a gunshot wound rather than intending to inflict a wound that would seriously impair the victim's physical condition. The Supreme Court reversed, holding (1) the pattern jury instruction on mayhem improperly requires proof of a "serious bodily injury"; but (2) assuming the trial court erred in giving the instruction in this case, the error was harmless.
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