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At the Lectern

First opinion by “new” Supreme Court — regarding great bodily injury enhancement — filing tomorrow

February 4, 2015

Tomorrow morning, the Supreme Court will file its decision in People v. Cook.  Filing only 29 days after the case was argued on the January calendar, the opinion will be the first to be issued with new Justices Mariano-Florentino Cuéllar and Leondra Kruger.  This is an unusually fast filing.  Indeed, opinions have yet to be filed in any of the cases argued a month before Cook.

Cook raises the issue whether Penal Code section 12022.7, subdivision (g), which provides that the great bodily injury enhancement of that section “shall not apply to murder or manslaughter . . . ,” allows an enhancement on a manslaughter conviction for the great bodily injury inflicted on another victim who was the subject of a separate manslaughter conviction. Additionally, the court requested supplemental briefing concerning whether any great bodily injury enhancement was proper.

The opinion can be viewed tomorrow starting at 10:00 a.m.

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