Is a defendant's reliance on a previous judgment in a sexual assault case misplaced?

Defendant's reliance on People v. Covino (1980) 100 Cal.App.3d 660, 664-665, 667, where the court, in dicta, commented the injuries suffered by the victim, who gasped for breath after the defendant put his fingers on the area of her larynx and later complained of pain, did not appear to constitute great bodily injury, is misplaced. Unlike the victim here, the victim in Covino did not suffer a loss of consciousness as a result of the defendant placing his fingers near her larynx.