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Name: People v. Banuelos
Case #: D039050
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 03/13/2003
Subsequent History: Rhrg. den. 4/3/03; Rev. den. 6/11/03

The giving of CALJIC No. 17.20, permitting a finding of personal infliction of great bodily injury even where the evidence was insufficient to determine which person actually inflicted such injury was proper in this case. The court declined an invitation to change its view expressed in People v. Corona (1989) 213 Cal.App.3d 589, regarding the propriety of the instruction in a group beating context. The evidence in this case showed it was impossible to determine which person caused the victim’s great bodily injury. Finally, the instruction was not misleading. It adequately stated the People had the burden of proof by a reasonable doubt to show it was impossible to tell who had inflicted the great bodily injury.