Glass

We are confronted in this case with an issue of first impression. Penal Code section 12022.8 requires imposition of a five-year sentence enhancement if the defendant causes great bodily injury during the commission of specifically listed sex crimes. Section 269, aggravated sexual assault of a child, subjects a defendant who is found guilty of committing specifically listed sex crimes against a child under 14 years of age and more than 10 years younger than the defendant to a “one strike” sentence of 15 years to life. Section 269 is not one of the sex crimes listed in section 12022.8.

The issue presented is whether a defendant convicted of violating section 269 is also subject to a section 12022.8 enhancement if he or she inflicts great bodily injury during the assault. We conclude a defendant in this position is subject to the five-year enhancement because a violation of section 269 necessarily includes commission of one of the sex crimes listed in section 12022.8.

The jury found that Raymond George Glass raped his 12-year-old stepdaughter, Jane Doe, on two separate occasions and attempted to dissuade her mother, S.G., from testifying against him. The jury convicted…