People v. Dupleasis CA2/4

INTRODUCTION

After appellant Maurice Raul Dupleasis punched victim Adam Alcantara in the head, causing him to sustain a traumatic brain injury, he was charged with mayhem (count 1, with a maximum punishment of eight years), battery with great bodily injury (count 2, with a maximum punishment of four years), and assault by means of force likely to produce great bodily injury (count 3, with a maximum punishment of four years). Included in count 3 was an allegation that appellant personally inflicted great bodily injury upon the victim, punishable by an additional three years under Penal Code section 12022.7, subdivision (a).1 Appellant pled guilty to all counts and admitted he personally inflicted great bodily harm upon the victim. The court selected the high term of four years for count 3 as the “base term,” and added an additional three years for the special allegation of great

Count 2 also contained a further allegation that appellant “personally inflicted great bodily injury on another person” but did not cite Penal Code section 12022.7. Undesignated references are to the Penal Code.

2 bodily injury, arriving at a seven-year sentence. It then imposed and stayed a…