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Cal. Supreme Ct. Reverses 3-year GBI Enhancement

People v. Ollo Docket: S260130, Opinion Date: June 21, 2021. The Supreme Court reversed the judgment of the court of appeal affirming the judgment of the trial court imposing an additional three-year term of imprisonment for a great bodily injury enhancement, holding that the act of furnishing a controlled substance is not by itself sufficient to establish that the defendant "personally inflict[ed]" great bodily injury. A jury convicted Defendant of offering a controlled substance to a minor and furnishing or giving away a controlled substance to a minor. The jury also sustained the allegation that Defendant personally inflicted great bodily injury upon his girlfriend, who died from fentanyl intoxication, within the meaning of Cal. Penal Code 12022.7, subdivision (a). The trial court sentenced Defendant to nine years in prison, plus an additional three years for the great bodily injury enhancement. The court of appeal affirmed. The Supreme Court reversed and remanded the case, holding that the trial court erred as a matter of law by precluding defense counsel from arguing that, in light of the girlfriend's voluntary ingestion of the controlled substance, the facts did not support a great bodily injury enhancement.

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