Error and/or relief
The section 12022.7(a) enhancement, which was stayed at sentencing, must instead be stricken under subdivision (g) of the statute because infliction of great bodily injury is an element of battery with serious bodily injury; and the trial court improperly limited the defendant’s presentence conduct credits to 15 percent of actual days served.
First Holding:
A sentence cannot be enhanced by section 12022.7 for infliction of bodily injury if that is an element of the underlying offense.
Authority:
PEN 12022.7(g)
Second Holding:
Great bodily injury is an element of battery with serious bodily injury.
Authority:
People v. Hawkins (1993) 15 Cal.App.4th 1373, 1375–1376
People v. Otterstein (1987) 189 Cal.App.3d 1548, 1550
People v. Johnson (2016) 244 Cal.App.4th 384, 391
People v. Arnett (2006) 139 Cal.App.4th 1609, 1616
People v. Hawkins (2003) 108 Cal.App.4th 527, 531
People v. Beltran (2000) 82 Cal.App.4th 693, 696–697
Third Holding:
Serious bodily injury is the essential equivalent of great bodily injury.
Authority:
People v. Burroughs (1984) 35 Cal.3d 824, 831
People v. Sloan (2007) 42 Cal.4th 110, 117 [noting that a true finding on a great bodily injury enhancement would effectively establish the elements of the charged battery with serious bodily injury]
Fourth Holding:
Section 246 is not a violent felony per se so section 2833.1 does not limit behavior credit to 15 percent.
Authority:
In re Cabrera (2023) 14 Cal.5th 476, 491E