California, United States of America
The following excerpt is from People v. Hamilton, D074063 (Cal. App. 2018):
A defendant is presumptively ineligible for probation under section 1203, subdivision (e)(3) if he or she "willfully inflicted great bodily injury or torture in the perpetration of the crime[.]" This court in People v. Lewis (2004) 120 Cal.App.4th 837, stated that the word "willfully" in that section of the statute "requires the defendant's intent to cause great bodily injury or torture, not merely that the crime resulted in great bodily injury or torture." (Id. at p. 853.) We concluded: "It seems to have been assumed by both parties, the probation officer and the trial court [that] appellant was presumptively ineligible for probation. The trial court was not asked to find and did not state on the record appellant intended to inflict great bodily injury on [the victim.] Only if the trial court finds that appellant intended to inflict great bodily injury on [the victim]
Page 20
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.