People v. Washington

In this case we address the question of whether an Illinois conviction for battery with the personal infliction of great bodily harm qualifies as a serious felony under Penal Code 1 section 1192.7, subdivision (c)(8) involving the personal infliction of great bodily injury. We hold that the term “great bodily harm” under Illinois law is synonymous with “great bodily injury” under California law.

A jury convicted Cortez Lamon Washington of assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(1)), battery causing serious bodily injury (§ 243, subd. (d)), and returned true findings on three sentencing enhancements for personal infliction of great bodily injury (§§ 1192.7, subd. (c)(8), 12022.7, subd. (a)). Washington admitted five prison prior convictions within the meaning of section 667.5, subdivision (b). He also admitted having a 1998 Illinois felony conviction of aggravated battery with a firearm (720 Ill. Comp. Stat. 5/12-4.2 (1998)) and a 2003 Illinois *1045 felony conviction of aggravated battery (720 Ill. Comp. Stat. 5/12-4(a) (2003)). Washington agreed to admit his prior Illinois convictions subject to the trial court’s determination…