Section 1402 | CALCRIM (Jury Instructions)

OR
3. Fires the firearm.]
[Great bodily injury means significant or substantial physical injury. It is
an injury that is greater than minor or moderate harm.]
[An act causes (great bodily injury/ [or] death) if the (injury/ [or] death)
is the direct, natural, and probable consequence of the act and the
(injury/ [or] death) would not have happened without the act. A natural
and probable consequence is one that a reasonable person would know is
likely to happen if nothing unusual intervenes. In deciding whether a
consequence is natural and probable, consider all the circumstances
established by the evidence.]
[There may be more than one cause of (great bodily injury/ [or] death).
An act causes (injury/ [or] death) only if it is a substantial factor in
causing the (injury/ [or] death). A substantial factor is more than a trivial
or remote factor. However, it does not need to be the only factor that
causes the (injury/ [or] death).]
[A person is an accomplice if he or she is subject to prosecution for the
identical crime charged against the defendant. A person is subject to
prosecution if he or she committed the crime or if:
1. He or she knew of the criminal purpose of the person who
committed the crime;
AND
2. He or she intended to, and did in fact, (aid, facilitate, promote,
encourage, or instigate the commission of the crime/ [or]
participate in a criminal conspiracy to commit the crime).]
<If there is an issue in the case over whether the defendant used the firearm
“during the commission of” the offense, see Bench Notes.>
The People have the burden of proving each allegation beyond a
reasonable doubt. If the People have not met this burden, you must find
that the allegation has not been proved.
New January 2006; Revised June 2007, April 2010, February 2012, September 2020
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
enhancement. (Apprendi v. New Jersey (2000) 530 U.S. 466, 490 [120 S.Ct. 2348,
147 L.Ed.2d 435].)
In order for the defendant to receive an enhancement under Penal Code section
CALCRIM No. 1402
CRIMINAL STREET GANGS
1070

[upholding instructions containing great bodily injury definition as written].)
AUTHORITY
•
Enhancement. Pen. Code, § 12022.53(e).
•
Vicarious Liability Under Subdivision (e). People v. Garcia (2002) 28 Cal.4th
1166, 1171 [124 Cal.Rptr.2d 464, 52 P.3d 648]; People v. Gonzales (2001) 87
Cal.App.4th 1, 12 [104 Cal.Rptr.2d 247].
•
Principal Defined. Pen. Code, § 31.
•
Firearm Defined. Pen. Code, § 16520.
•
Personally Uses. People v. Marvin Bland (1995) 10 Cal.4th 991, 997 [43
Cal.Rptr.2d 77, 898 P.2d 391]; People v. Johnson (1995) 38 Cal.App.4th 1315,
1319–1320 [45 Cal.Rptr.2d 602]; see also Pen. Code, § 1203.06(b)(2).
•
“In Commission of” Felony. People v. Jones (2001) 25 Cal.4th 98, 109–110 [104
Cal.Rptr.2d 753, 18 P.3d 674]; People v. Masbruch (1996) 13 Cal.4th 1001, 1014
[55 Cal.Rptr.2d 760, 920 P.2d 705]; People v. Taylor (1995) 32 Cal.App.4th 578,
582