Brown

People v. Brown

Good Law
1988 Cal. App. LEXIS 519·201 Cal. App. 3d 1296·247 Cal. Rptr. 683
Court of Appeal of CaliforniaJune 8, 1988Docket Nos. B029120, B029419California3,190 words

Opinion

Opinion

Arabian, J.

Introduction

Appellant Teron Jason Brown suffered a conviction for involuntary manslaughter (Pen. Code, § 192, subd. (b)) following a court trial. The court sentenced him to the midterm of three years in state prison and enhanced the punishment five years pursuant to Penal Code section 667, finding that both his current offense and a prior conviction of robbery were serious felonies within the meaning of Penal Code section 1192.7, subdivision (c).

We determine as a matter of first impression that involuntary manslaughter may constitute a serious felony within the meaning of section 667 if the record establishes that the defendant “personally inflict[ed] great bodily injury” in the commission of the crime. (Pen. Code, § 1192.7, subd. (c)(8).) Accordingly, we affirm the judgment.

Factual Background

The information originally charged appellant with the murder of 14-inonth-old Chela Brown. Chela died of sepsis resulting from second and third degree burns over 75 percent of her body. On March 26, 1985, as on several prior occasions, she had been left in appellant’s care while her mother, Cheree Taylor, went to work. When appellant picked up Taylor that afternoon, Chela was…

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