California Supreme Court
In re Cabrera
March 2, 2023
Summary
The court held that the sentencing court violated Cabrera's Sixth Amendment jury-trial right by finding that he inflicted great bodily injury after the jury found only serious bodily injury and deadlocked on the great-bodily-injury allegations. Serious bodily injury and great bodily injury substantially overlap but are legally distinct, and the former does not necessarily establish the latter for purposes of a sentence-enhancing fact. The court reversed and remanded for reconsideration of Cabrera's ineffective-assistance claim in light of that holding.