People v. Kolehmainen CA5
F087788
| Cal. Ct. App. | Jul 16, 2025Background
- Defendant Benjamin James Kolehmainen was convicted for involuntary manslaughter and assault by a prison inmate causing great bodily injury to Michael Iverson, following a group beating at Wasco State Prison.
- The amended information alleged enhancements, including that Kolehmainen personally inflicted great bodily injury that caused the victim to become comatose due to brain injury (Penal Code, § 12022.7(b)).
- The jury found Kolehmainen guilty of both substantive charges and enhancements, leading to a nine-year sentence, with five years for the enhancement in question.
- The factual dispute at issue on appeal centered on whether substantial evidence supported the finding that Iverson was comatose prior to his death.
- No witness (lay or expert) at trial used the terms "comatose" or "coma" to describe Iverson’s condition; none stated he was ever in a profound unconscious state before death.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether substantial evidence supports the jury’s finding that the victim became comatose, justifying the section 12022.7(b) enhancement | The use of medical equipment and Iverson’s lack of movement indicated he was comatose before death. | No evidence (medical, expert, or otherwise) established the victim was ever comatose; no mention at trial. | No substantial evidence; enhancement stricken, case remanded for resentencing. |
Key Cases Cited
- People v. Delgado, 213 Cal.App.4th 660 (Cal. Ct. App. 2013) (enhancement for causing comatose state requires evidence victim was comatose)
- People v. Tokash, 79 Cal.App.4th 1373 (Cal. Ct. App. 2000) (there must be evidence showing the victim was comatose at some point)
- People v. Cunningham, 244 Cal.App.4th 1049 (Cal. Ct. App. 2016) (describes criteria for determining if a victim is comatose for enhancement purposes)