P. v. Villegas
Following a court trial, Francisco Ernesto Villegas was convicted of committing a lewd act upon a child (Pen. Code,[1] 288, subd. (c)(1); count 1) and oral copulation by a person over the age of 21 on a person under the age of 16 ( 288a, subd. (b)(2); count 2). The court found true allegations that in the commission of the count 1 offense, Villegas inflicted great bodily injury under sections 12022.7, subdivision (a) and 1192.7, subdivision (c)(8). The court sentenced Villegas to two years in prison on count 1 and two years in prison on count 2 to run concurrent to count 1, with an additional three years for the great bodily injury enhancement. Villegas contends we should strike the enhancement because impregnation resulting from non-forcible sexual intercourse does not constitute great bodily injury. He further asks us to recalculate his presentence custody credits because absent the great bodily injury enhancement, he is entitled to an additional 75 days of credit. Rejecting Villegas's contention that pregnancy is not great bodily injury within the meaning of section 12022.7 as applied to this case, Court affirm the judgment.
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