People v. Cross

Opinion

KENNARD, J.

Anyone who in the commission of a felony “personally inflicts great bodily injury . . . shall be punished by an additional and consecutive term of imprisonment.” (Pen. Code, § 12022.7, subd. (a), italics added.)1 Under the “One Strike” law (§ 667.61), when a defendant is convicted of a specified sex offense and the jury finds true a section 12022.7 allegation, the trial court must sentence the defendant to a prison term of 15 years to life. Here, defendant was so sentenced based on the jury’s finding that he had inflicted great bodily injury on his 13-year-old stepdaughter,…