Cortez Washington was convicted in Illinois in 1998 of aggravated battery with a firearm, a felony, and in the same state, in 1993, of aggravated battery, also a felony. In each Illinois case, the crime is defined as involving personal infliction of “great bodily harm.”

In 2012, Mr. Washington faced prosecution in California for assault by means of force likely to produce great bodily injury (Penal Code § 245(a)(1)) and battery causing serious bodily injury (Penal Code § 243(d)). The jury convicted him of such charges and found true three sentencing enhancements for personal infliction of “great bodily injury” as a serious felony under Penal Code § 1192.7(c)(8).