What is the test for a great bodily injury enhancement in a motor vehicle accident?

California, United States of America


The following excerpt is from People v. Gomez, G048893 (Cal. App. 2015):

The jury found the great bodily injury enhancement ( 12022.7, subd. (a)) true in connection with the rack tossing incident charged in count three. To qualify as great bodily injury, the injury must be substantial, but need not be "'permanent,' 'prolonged,' or 'protracted' disfigurement, impairment, or loss of bodily function." (People v. Escobar (1992) 3 Cal.4th 740, 750.) Still, there is no requirement the victim suffer "external signs of significant trauma." (People v. Wyatt (2010) 48 Cal.4th 776, 785.) "[T]he determination of great bodily injury is essentially a question of fact, not law. '"Whether the harm resulting to the victim . . . constitutes great bodily injury is a

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question of fact for the jury. [Citation.] If there is sufficient evidence to sustain the jury's finding of great bodily injury, we are bound to accept it, even though the circumstances might be reasonably reconciled with a contrary finding."' [Citations.]" (People v. Escobar, supra, 3 Cal.4th at p. 750, fn. omitted.)

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