CALCRIM (Jury Instructions) Section 2503. The second sentence of the great bodily injury definition could result in error if the prosecution improperly argues gr
CALCRIM (Jury Instructions) § 2503
The second sentence of the great bodily injury definition could result in error if the
prosecution improperly argues great bodily injury may be shown by greater than
minor injury alone. (Compare People v. Medellin (2020) 45 Cal.App.5th 519,
533–535 [258 Cal.Rptr.3d 867] [the definition was reasonably susceptible to
prosecutor’s erroneous argument that the injury need only be greater than minor]
with People v. Quinonez (2020) 46 Cal.App.5th 457, 466 [260 Cal.Rptr.3d 86]
[upholding instructions containing great bodily injury definition as written].)
AUTHORITY
•
Elements. Pen. Code, § 17500.
•
Deadly Weapon Defined. People v. Brown (2012) 210 Cal.App.4th 1, 6–8 [147
Cal.Rptr.3d 848]; People v. Aguilar (1997) 16 Cal.4th 1023, 1028–1029 [68
Cal.Rptr.2d 655, 945 P.2d 1204].
•
Objects With Innocent Uses. People v. Aguilar (1997) 16 Cal.4th 1023,
1028–1029 [68 Cal.Rptr.2d 655, 945 P.2d 1204]; People v. Godwin (1996) 50
Cal.App.4th 1562, 1573–1574 [58 Cal.Rptr.2d 545].
•
Knowledge Required. See People v. Rubalcava (2000) 23 Cal.4th 322, 331–332
[96 Cal.Rptr.2d 735, 1 P.3d 52]; People v. Gaitan (2001) 92 Cal.App.4th 540,
547 [111 Cal.Rptr.2d 885].
•
Assault. Pen. Code, § 240; see also People v. Williams (2001) 26 Cal.4th 779,
790 [111 Cal.Rptr.2d 114, 29 P.3d 197].
•
Least Touching. People v. Myers (1998) 61 Cal.App.4th 328, 335 [71 Cal.Rptr.2d
518] [citing People v. Rocha (1971) 3 Cal.3d 893, 899–900, fn. 12 [92 Cal.Rptr.
172, 479 P.2d 372]].
•
Inherently Deadly Defined. People v. Perez (2018) 4 Cal.5th 1055, 1065 [232
Cal.Rptr.3d 51, 416 P.3d 42]; People v. Aguilar (1997) 16 Cal.4th 1023,
1028–1029 [68 Cal.Rptr.2d 655, 945 P.2d 1204].
•
Examples of Noninherently Deadly Weapon. People v. Aledamat (2019) 8
Cal.5th 1, 6 [251 Cal.Rptr.3d 371, 447 P.3d 277] [box cutter]; People v. Perez
(2018) 4 Cal.5th 1055, 1065 [232 Cal.Rptr.3d 51, 416 P.3d 42] [vehicle]; People
v. McCoy (1944) 25 Cal.2d 177, 188 [153 P.2d 315] [knife].
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against Public
Peace and Welfare, § 189.
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 85,
Submission to Jury and Verdict, § 85.02[2][a][i] (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144, Crimes
Against Order, § 144.01[1] (Matthew Bender).
2504–2509.
Reserved for Future Use
CALCRIM No. 2503
WEAPONS
368
This section of the CALCRIM (Jury Instructions) establishes legal requirements and provisions that apply to specific circumstances in California law.
This section applies when the specific conditions outlined in the statute are met. The exact applicability depends on the facts of each situation.
Penalties vary based on the specific violation and circumstances. They may include fines, imprisonment, or other legal consequences as specified in the California code.
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In simple terms: CALCRIM (Jury Instructions) Section 2503. The second sentence of the great bodily injury definition could result in error if the prosecution improperly argues gr. This means people must follow this rule, and breaking it can lead to criminal penalties.