Guest

People v. Guest

Good Law
181 Cal. App. 3d 809·1986 Cal. App. LEXIS 1652·226 Cal. Rptr. 525
Court of Appeal of CaliforniaMay 29, 1986Crim. 14135California814 words

Opinion

Opinion

Backus, J.

The defendant, not living up to his name, was found guilty of being a state prison inmate who assaulted the person of another with a deadly weapon or by means of force likely to produce great bodily injury. (Pen. Code, § 4501; all future undesignated statutory references will be to the Penal Code.) He was also found to have intentionally inflicted great bodily injury. (§ 12022.7.) The court sentenced him to the upper term of six years with a three-year enhancement for the infliction of great bodily injury, the nine years to be served consecutive to the term he was serving at the time. The court also assessed a $1,000 restitution fine.

On appeal, the defendant sows the seeds of a number of arguments. In the published portion of this decision, we reject his claim that section 12022.7 is unconstitutionally vague. Similarly fruitless are his arguments (1) expert testimony is required to support a section 12022.7 enhancement; (2) his cross-examination was improperly limited as to the permanent nature of the victim’s great bodily injury; (3) photographs of the wounds were improperly admitted; (4) the prosecutor committed misconduct in his opening statement; (5) instructional…

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