People v. Santana

Opinion

CHIN, J.

Penal Code 1 section 203, which defines the offense of simple mayhem, provides that “[e]very person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures, or renders it useless, or cuts or disables the tongue, or puts out an eye, or slits the nose, ear, or lip, is guilty of mayhem.” Though the provision makes no mention of “serious bodily injury,” the pattern jury instruction on mayhem (CALCRIM No. 801) requires the prosecution to prove that the defendant caused the victim “serious bodily injury.” The issue here is whether…