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Name: People v. Washington
Case #: D060411
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 10/31/2012

An Illinois conviction for aggravated battery is a serious felony within the meaning of Penal Code section 1192.7, subdivision (c) and thus qualifies as a “strike.” Following his conviction of various offenses, appellant admitted a prior Illinois conviction for aggravated battery (720 Ill. Comp. Stat. 5/12-4 (a) (2003)) and the trial court found that the conviction qualified as a “strike” under California law. On appeal, appellant argued that the element of “great bodily harm” under Illinois law does not equate to “great bodily injury” as required under Penal Code section 1192.7, subdivision (c)(8) (personal infliction of great bodily injury). He also argued that the record did not establish that he personally inflicted harm on the victim. Affirmed. In Illinois, the term “great bodily harm,” an element of aggravated battery, refers to an injury of a graver and more serious character than ordinary battery, which involves mere lacerations, bruises or abrasions. In California, “great bodily injury” is defined as a significant or substantial physical injury and case law reveals that some physical pain or damage, such as lacerations, bruises, or abrasions is sufficient for a finding of great bodily injury. Thus, the Illinois and California meaning of great bodily injury are synonymous. Further, the record of appellant’s Illinois guilty plea showed that he directly caused the victim’s injury.