California, United States of America
The following excerpt is from People v. Valenzuela, 10 Cal. Daily Op. Serv. 16, 119 Cal.Rptr.3d 340, 191 Cal.App.4th 316, 2010 Daily Journal D.A.R. 19 (Cal. App. 2010):
Defendant's 2000 conviction was determined by the court to be a qualifying "serious" prior felony conviction, requiring his sentence in the current proceeding to be doubled. ( 1170.12, subds. (b)(1), (c)(1).) Section 1192.8 defines a "serious" felony as including "any violation of ... subdivision (b) of Section 23104 ... of the Vehicle Code, when any of these offenses involve the personal infliction of great bodily injury on any person other than an accomplice ...." ( 1192.8, subd. (a), italics added.) The People had the burden to prove each of the elements of this definition beyond a reasonable doubt. (See People v. Henley (1999) 72 Cal.App.4th 555, 562, 85 Cal.Rptr.2d 123.)
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