Phillips

Troy DeWayne Phillips was charged by information with robbery (Pen. Code, §§ 211, 212.5, subd. (b)). It was further alleged that he intentionally inflicted great bodily injury during commission of the crime (§ 12022.7). Phillips waived his right to a jury trial and stipulated that the court could consider the transcript of his preliminary hearing together with testimony adduced at trial. The court convicted Phillips and found the enhancement allegation to be true. Phillips was sentenced to six years in prison; sentence was then suspended and civil commitment proceedings instituted pursuant to Welfare and Institutions Code section 3051. Phillips now contends that the evidence was insufficient to show that he intended to inflict great bodily injury. We affirm.

Facts

At approximately 5 p.m. on March 26, 1988, 64-year-old Ralph Eoff was in the Montgomery Ward parking lot in Bakersfield. He had the trunk of his car open and was straightening things out inside. Eoff was leaning waist deep into the trunk when he felt two hands on his lower back. Someone he later identified as Phillips pushed him and took his checkbook from his left hip pocket. The shove caused Eoff to go…