P.

P. v. Jafari CA2/6

Good Law
Court of Appeal of CaliforniaApril 30, 2013B240109California783 words

Opinion

Opinion

Yegan, J.

Facts Appellant and his companion, Paul Tarvirian, got involved in a street fight at about 2:00 a.m., near the campus of the University of California, Santa Barbara. After

1 All statutory references are to the Penal Code unless otherwise stated. 1 the two exchanged words with Gabriel Mosse, appellant punched Mosse in the face, breaking his jaw. Mosse's injuries required surgery. Following surgery, Mosse's jaw was wired shut and he was restricted to a liquid diet for about six weeks. It took him another six weeks to return to his normal diet. Appellant and Tarvirian were charged with assault by means likely to produce great bodily injury. The jury was also asked to determine whether appellant personally inflicted great bodily injury on Mosse. With respect to the assault charge, the trial court instructed the jury in terms of CALCRIM No. 875, "To prove that the defendants are guilty of this crime, the prosecution must prove that: [¶] 1. The force used was likely to produce great bodily injury . . . ." The same instruction stated: "Great bodily injury means significant or substantial injury. It is an injury that is greater than minor moderate harm." It further instructed…

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