Court Upholds Burglary Conviction

California law provides that the district attorney prove that a home is inhabited before it can sustain a conviction for first degree burglary. Here the appeals court found the evidence to be sufficient, though not a Long Beach criminal case, the law is helpful. Here are the facts, thanks to CCAP.

The defendant was charged with a serious criminal assault.   appellant punched him in the face causing a cut under his eye that required sutures. Additionally, the sclera of the eye was bloody for about a week, and a one and one quarter inch scar remained. Appellant was convicted of assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)) and battery with serious bodily injury (Pen. Code, § 243, subd. (d)). The jury also found true allegations that appellant personally inflicted great bodily injury (Pen. Code, §§ 1192.7, subd. (c)(8), 12022.7, subd. (a)). Appellant admitted a prior serious felony conviction and a prior “strike” conviction. At sentencing, the court dismissed the prior serious felony conviction and “strike” and granted probation. On appeal, appellant contended that there was insufficient evidence to establish serious bodily injury for the battery conviction or great bodily injury for the allegations found true. Held: Affirmed. Great bodily injury is the equivalent of serious bodily injury and includes some physical pain such as lacerations. Although there is a fine line between significant or substantial injury and injury that does not meet the description of substantial, it is for the jury to draw the line. The defendant now must proceed to the Supreme Court for any additional relief.

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