Holt

This isan appeal by the People from an order of the trial court granting a limited new trial which in effect deleted a finding by the jury that defendant had caused bodily injury to the victim within the meaning of Penal Code section 1203.066, subdivision (a)(2), which finding would have rendered defendant ineligible for probation and subjected him to a mandatory state prison sentence.

Facts

On October 29, 1982, Jamie R. was 13% years old. Tracy Holt, defendant’s sister, was a friend of Jamie’s. They attended the same school. October 29, 1982, was a Friday. On that date, Jamie went with Tracy, Tracy’s parents, and some other people to a Bluegrass Festival. They intended to stay at the festival all weekend.

On Saturday, while she was at the festival, Jamie drank a bottle of wine and smoked some marijuana. She remembered seeing defendant, Tracy’s 20-year-old brother, at the festival a couple of times that day, once in the morning and again in the evening.

On Saturday evening, around 8:30 p.m., defendant drove Jamie, his sister Tracy, and a boy named Mark to defendant’s house. After they had been there a short time, Jamie started to walk down the hallway to the bathroom.…