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Name: People v. Delgado
Case #: C064571
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 02/05/2013

Although appellant inflicted head injury on victim, the evidence was insufficient to prove the great bodily injury enhancement for a victim who becomes comatose. Appellant and a fellow gang member severely beat a man. He was convicted of attempted murder, mayhem, and other offenses. Among other issues, appellant challenged the sufficiency of the evidence of a great bodily injury enhancement for a victim who becomes comatose due to brain injury (Pen. Code, § 1022.7, subd. (b)). Held: Enhancement reversed. The evidence must show that the victim was rendered comatose due to the brain injury inflicted. Taking judicial notice of medical authority cited by appellant, the court found a failure of proof that the victim was ever comatose. While there was no question the victim was seriously injured, initially nonresponsive, and suffered significant brain trauma, the express language of the statute requires that the injury must have rendered the victim comatose, which was not shown.