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Name: People v. Dunkerson
Case #: C052287
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/10/2007
Summary

CALCRIM No. 3160 (the group beating jury instruction), constitutionally satisfies the requirement of personal infliction of injury. Appellant and three other men assaulted the victim, hitting and kicking him. The victim required stitches to three areas of his head and suffered pain and impaired movement for several months after. The jury was instructed with CALCRIM No. 3160. Appellant claimed this was error as it allowed the jury to find that the defendant personally inflicted great bodily injury even though he may have only aided others and did not inflict the critical injury himself. Disagreeing, the appellate court noted that the California Supreme Court in People v. Modiri (2006) 39 Cal.4th 481, decided after briefing in the instant case, upheld CALJIC No. 17.20. Observing that 17.20 is not materially different from CALCRIM 3160, the court here found no denial of due process and affirmed the judgment.