People v. Cunningham
244 Cal. App. 4th 1049
| Cal. Ct. App. | 2016Background
- On April 16, 2013, Eric Cunningham entered a smoke shop, struck owner Chaula Patadia multiple times with a mallet (videotaped), stole cash and merchandise, and fled.
- Patadia suffered skull and brain injuries (displaced skull fracture, intracranial bleeding) and was treated in the hospital.
- Treating physician Dr. Gregory Guldner testified Patadia’s neurologic function declined, and clinicians placed her on a ventilator, gave medications to suppress consciousness, and performed neurosurgery to evacuate blood and repair the skull.
- Dr. Guldner described the sedation as inducing a “complete loss of consciousness” and said she remained unconscious for about 11 days; he testified sedation was necessary to save her life.
- A jury convicted Cunningham of attempted murder and robbery and found true enhancements that he personally inflicted great bodily injury causing the victim to become comatose due to brain injury (Pen. Code § 12022.7(b)).
- The trial court imposed consecutive 25‑to‑life terms and a five‑year enhancement; Cunningham appealed challenging sufficiency of the evidence that Patadia was comatose.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was substantial evidence that the defendant’s conduct caused the victim to become comatose due to brain injury under § 12022.7(b) | The medical testimony showed brain injury and that physicians induced a complete loss of consciousness (i.e., medically induced coma) to save the victim, supporting the enhancement. | The evidence only shows sedation for surgery/comfort (ventilator tolerance), not that the victim was comatose due to brain injury; therefore enhancement lacks proof. | The court affirmed: medical testimony that medications induced a complete loss of consciousness for life‑saving treatment supported a finding the victim was comatose due to brain injury. |
Key Cases Cited
- People v. Albillar, 51 Cal.4th 47 (Cal. 2010) (standard for reviewing sufficiency of the evidence and resolving conflicts in favor of the judgment)
- People v. Tokash, 79 Cal.App.4th 1373 (Cal. Ct. App. 2000) (post‑surgical/medically induced coma from brain injury supports § 12022.7(b) enhancement)
- People v. Delgado, 213 Cal.App.4th 660 (Cal. Ct. App. 2013) (reversal where treating physician declined to characterize patient as comatose and evidence did not show induced coma)
- Mammoth Lakes Land Acquisition, LLC v. Town of Mammoth Lakes, 191 Cal.App.4th 435 (Cal. Ct. App. 2010) (accept reasonable inferences supporting the judgment)