210 Cal. App. 4th 1042
Cal. Ct. App.2012Background
- Washington was convicted in California of assault with force likely to cause great bodily injury, battery causing serious bodily injury, and related enhancements; he admitted five Illinois prior convictions under Three Strikes law.
- The Illinois convictions include aggravated battery with a firearm (2003) and aggravated battery (2003) with “great bodily harm.”
- The trial court found the Illinois convictions qualified as serious felonies and strikes, resulting in a 41-years-to-life sentence.
- Washington challenged whether the Illinois aggravated battery conviction qualified as a serious felony and a strike under California law.
- The central issue was whether Illinois “great bodily harm” equals California “great bodily injury” and whether the Illinois record showed personal infliction of injury.
- Court affirmed judgment, holding Illinois record shows direct causation and equivalence between the Illinois and California injury standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the Illinois aggravated battery record show direct personal infliction of injury? | Washington contends the Illinois record lacks proof of direct causation. | Washington's record alleges he personally caused the injury by striking the victim. | Yes; record shows direct infliction of injury. |
| Is Illinois ‘great bodily harm’ equivalent to California ‘great bodily injury’ for a serious felony? | Washington argues the standards are not the same. | Illinois “great bodily harm” is synonymous with California “great bodily injury.” | They are equivalent; prior Illinois conviction qualifies as a serious felony and a strike. |
Key Cases Cited
- People v. Avery, 27 Cal.4th 49 (Cal. 2002) (defines serious felony scope and sentencing consequences under Three Strikes)
- People v. Rodriguez, 69 Cal.App.4th 341 (Cal. Ct. App. 1999) (personal infliction requires direct causation of injury)
- People v. Abarca, 233 Cal.App.3d 1347 (Cal. Ct. App. 1991) (record of conviction includes gross facts and plea details)
- People v. Mumm, 98 Cal.App.4th 812 (Cal. Ct. App. 2002) (presumption of least offense when facts are undisclosed)
- People v. Costello, 95 Ill.App.3d 680 (Ill. App. 1981) ( Illinois use of ‘great bodily harm’ as serious injury standard)