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Name: People v. Galvan et al.
Case #: E042254
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 11/25/2008

The enhancement under Penal Code section 12022.7, subdivision (b) for great bodily injury causing the victim to become comatose does not require the coma be permanent. Appellants beat a man so severely that he remained in a coma for more than a week. The jury found true a section 12022.7, subdivision (b) enhancement. Appellants argued on appeal that the enhancement was inapplicable because it requires the comatose condition to be permanent. The court analyzed the pertinent words at issue in the statute: “to become comatose due to brain injury or to suffer paralysis of a permanent nature.” It reviewed the legislative history and held that the phrase “of a permanent nature” was intended to modify only the paralysis condition.