People v. Jordan CA2/2

Good Law
Court of Appeal of CaliforniaDecember 18, 2014B254530California948 words

Opinion

Opinion

DISCUSSION

Defendant argues that the evidence was insufficient to support a rational jury’s finding that his two punches were likely to produce great bodily injury. In evaluating this claim, we “‘“‘review the whole record in the light most favorable to the judgment below to determine whether it discloses substantial evidence—that is, evidence which is reasonable, credible, and of solid value—such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.’ [Citation.]” [Citations.]’” (People v. Lopez (2013) 56 Cal.4th 1028, 1069.) Section 245, subdivision (a)(4), makes it a crime to commit an assault “by any means of force likely to produce great bodily injury.” (§ 245, subd. (a)(4).) “Great bodily injury” means “bodily injury which is significant or substantial, not insignificant, trivial or moderate.” (People v. McDaniel (2008) 159 Cal.App.4th 736, 748 (McDaniel); People v. Armstrong (1992) 8 Cal.App.4th 1060, 1066.) “The focus is on the force actually exerted by the defendant” (McDaniel, at p. 748), rather than the “amount of force that could have been used” (ibid.), or the actual injury incurred (People v. Parrish (1985) 170 Cal.App.3d 336, 345…

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