PEOPLE v. OTTERSTEIN

Docket No. 14807.

189 Cal.App.3d 1548 (1987)

235 Cal. Rptr. 108

THE PEOPLE, Plaintiff and Respondent, v. FRANK E. OTTERSTEIN, JR., Defendant and Appellant.

Court of Appeals of California, Third District.

March 5, 1987.


Attorney(s) appearing for the Case

COUNSEL

Susan Freya Swift, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, James T. McNally and Susan Rankin Bunting, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

PUGLIA, P.J.

Penal Code section 12022.7 authorizes additional punishment for crimes in which great bodily injury is intentionally inflicted except those crimes in which "infliction of great bodily injury is an element of the offense of which [defendant] is convicted." In this appeal we hold defendant may waive the exception to the application of section 12022.7 in the context of a plea bargain.

Defendant was charged...

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