People v. Delgado
213 Cal. App. 4th 660
| Cal. Ct. App. | 2013Background
- Defendant Antonio Mason Delgado was convicted by a jury of attempted murder, mayhem, second degree robbery, assault with intent to cause great bodily injury, conspiracy to commit a felony, and criminal street gang activity.
- The jury found the crimes were committed for the benefit of a criminal street gang and that Delgado personally inflicted great bodily injury causing brain injury and coma.
- Trial court sentenced Delgado to 28 years four months in prison.
- Harpst sustained a severe brain injury from the beating; he never became permanently comatose, though he had a Glasgow Coma Scale score of 9.
- Medical testimony showed Harpst was conscious during ICU hospitalization and there was no evidence of a medically induced coma.
- Delgado’s girlfriend and a fellow gang member corroborated gang affiliation and involvement in the assault and robbery to benefit the Red Nose Pittz gang.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| GBI enhancement requires coma from brain injury | Delgado | Delgado | GBI enhancement struck; no coma proven |
| Sufficient intent and aiding alleged for attempted murder | Delgado | Delgado | Substantial evidence supports intent to kill and aiding abetment |
| Gang-benefit evidence sufficient | Delgado | Delgado | Sufficient evidence crimes benefited the gang |
| Admission of prior bad acts | State | Delgado | Not prejudicial error |
| Personal GB I not necessary to address | State | Delgado | Addressing not necessary; enhancement already struck |
Key Cases Cited
- People v. Tokash, 79 Cal.App.4th 1373 (Cal. App. 4th 2000) (comatose definition; clinical brain death/coma scope for §12022.7(b))
- People v. Galvan, 168 Cal.App.4th 846 (Cal. App. 4th 2008) (comatose interpretation under §12022.7(b))
- Tokash footnote discussion, 79 Cal.App.4th 1373 (Cal. App. 4th 2000) (legislative intent broadens §12022.7(b) applicability)