People v. Hawkins (1993)
In People v. Hawkins (1993) 15 Cal.App.4th 1373, a jury convicted the defendant of felony battery ( 243, subd. (d)), and found true an enhancing allegation that he personally inflicted great bodily injury on the victim within the meaning of section 12022.7.
The trial court sentenced the defendant to two years for the battery plus an additional three years for the great bodily injury enhancement. (Hawkins, supra, at p. 1374.)
The Court struck the enhancement, reasoning as follows: Section 12022.7 provides for a three-year enhancement where a defendant personally inflicts great bodily injury on the victim during the commission of the underlying offense "unless infliction of great bodily injury is an element of the offense of which he is convicted."
Because "the terms 'serious bodily injury' and 'great bodily injury' have substantially the same meaning," this division held that "common sense dictates that great bodily injury is indeed an element of battery under section 243, subdivision (d)" and thus, the enhancement was improper. (Hawkins, supra, at p. 1375.)