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Name: People v. Truong
Case #: A091063
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 07/18/2001
Subsequent History: None
Summary

Penal Code section 12022.7, subdivision (d), which provides that anyone who inflicts great bodily injury under circumstances involving domestic violence shall be punished by an additional term of three, four, or five years in state prison, is not unconstitutionally vague. The language of the statute does not limit the imposition of the enhancement to the perpetrator of the domestic violence. However, the broadness of the statute does not render it unconstitutionally vague or ambiguous. No person of ordinary intelligence would fail to understand the language. Further, the statute was intended to extend the sphere of protection by enhancing penalties for any defendant who inflicts great bodily injury on any person who is injured during a domestic violence incident, not just the intended victim.