Elder

People v. Elder

Good Law
174 Cal. Rptr. 3d 192·2014 Cal. App. LEXIS 560·227 Cal. App. 4th 411·2014 WL 2878322
Court of Appeal of CaliforniaJune 25, 2014C067983California6,784 words

Opinion

Opinion

Murray, J.

Defendant Jeffrey Elder appeals after being convicted of two counts of kidnapping for robbery (Pen. Code, § 209), two counts of robbery (§ 211), and one count of assault with a deadly weapon (§ 245, subd. (a)(1)), each count involving personal infliction of great bodily injury (GBI) (§ 12022.7). Defendant contends no substantial evidence supports the findings that he inflicted GBI in the commission of any of the charged offenses because the victim dislocated his own finger trying to prevent defendant’s escape. In the alternative, he contends that because the-elements of the assault with a deadly weapon charge had been completed before his attempted escape the injury was not inflicted “in the commission” of that charge. Defendant also contends the trial court improperly imposed two crime prevention fines (§ 1202.5) on the robbery counts for which sentence was stayed under section 654 or, alternatively, should have imposed only one fine.

In the published portion of this opinion, we reject defendant’s contentions regarding the GBI enhancements. We conclude that defendant was a direct cause of the injury sustained by the victim, because that injury was inflicted as the…

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