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Name: People v. Poroj
Case #: E048123
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 11/18/2010

The great bodily injury enhancement (Pen. Code, sec. 12022.7, subd. (a)) does not require a showing of either general or specific intent to inflict great bodily injury. Rather, a jury need only find the defendant had a general intent to commit the underlying felony to which the enhancement attaches. Appellant challenged a true finding on a GBI enhancement which was alleged in conjunction with a violation of driving under the influence causing bodily injury. He claim the court did not properly instruct on the enhancement because the jury was not told about the independent mens rea element of the enhancement. The court held the enhancement does not require a separate showing of intent to inflict GBI; it only requires the personal infliction of great bodily injury in the commission of a felony or attempted felony. It incorporates the underlying crime which already contains an intent element. So, the only intent required to support the enhancement “is the intent required to commit the underlying felony or attempted felony.”