California, United States of America
The following excerpt is from People v. DELGADO, B220174, Los Angeles County Super. Ct. No. BA337662, Los Angeles County Super. Ct. No. BA348502 (Cal. App. 2011):
"'It is well settled that the determination of great bodily injury is essentially a question of fact, not of law. "'Whether the harm resulting to the victim . . . constitutes great bodily injury is a 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 reasonably be reconciled with a contrary finding.'"' [Citation.]" (People v. Mendias (1993) 17 Cal.App.4th 195, 205.)
The term great bodily injury has long been accepted as commonly understandable to jurors. It is not a technical term requiring further elaboration. (People v. La Fargue (1983) 147 Cal.App.3d 878, 886-887.) "It is well settled that the determination of great bodily injury is essentially a question of fact, not of law. "'"Whether the harm resulting
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to the victim . . . constitutes great bodily injury is a 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 reasonably be reconciled with a contrary finding."' [Citations.]" (People v. Escobar (1992) 3 Cal.4th 740, 750, fn. omitted.)
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