People v. McGriff CA1/5
A142712
| Cal. Ct. App. | Aug 16, 2016Background
- McGriff bit off the top of Boutchich's ear during a bar fight after a missing lighter incident.
- The trial was a court trial; McGriff was convicted of mayhem and assault with great bodily injury enhancements.
- Evidence included eyewitness accounts of a bear hug and biting, and prior similar biting incidents under Evidence Code 1101(b).
- The trial court found true prior conviction allegations under Three Strikes and a serious-felony enhancement, then stayed some sentences under 654.
- The court sentenced seven years total: two-year term for mayhem plus five-year enhancement; assault term stayed; bodily-injury enhancement on mayhem was stayed.
- The Court of Appeal ordered the great bodily injury enhancement on mayhem stricken and directed corrections to the abstract of judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the self-defense instruction was misapplied | McGriff: trial court misapplied self-defense by focusing on excessive force. | People: force used must be reasonable; use of biting excessive. | Not error; court properly applied self-defense standard. |
| Whether great bodily injury enhancement on mayhem should be stricken | McGriff: enhancement is element of mayhem; must be stricken. | People: enhancement should be treated as stayable under 654. | Strike the enhancement on mayhem; must be removed. |
| Whether the assault-count term should be lower or higher and enhancement treated | McGriff: two-year term should apply; enhancement should be stricken for justice. | State: discretion to impose middle term; stayed term not excessive. | Forfeited on appeal; no reversal; stayed assault term remains. |
| Whether the abstract of judgment requires correction | Corrections needed for conviction method, counts stayed, and dates. | Correct; amend abstract of judgment per opinion. |
Key Cases Cited
- People v. Minifie, 13 Cal.4th 1055 (Cal. 1996) (establishes reasonable self-defense standard)
- People v. Myers, 61 Cal.App.4th 328 (Cal. App. 1998) (right to resist a battery with reasonable force)
- People v. Hardin, 85 Cal.App.4th 625 (Cal. App. 2000) (deadly force exception to self-defense)
- People v. Clark, 130 Cal.App.3d 371 (Cal. App. 1982) (excessive force questions for jury/fact-finding)
- People v. Tessman, 223 Cal.App.4th 1293 (Cal. App. 2014) (review of trial court’s reasoning in self-defense)