Section 2762 | CALCRIM (Jury Instructions)

The People have the burden of proving beyond a reasonable doubt that
the defendant used force or violence and caused serious bodily injury to
a peace officer. If the People have not met this burden, you must find
that this allegation has not been proved.
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
sentencing factor.
This instruction must be given with CALCRIM No. 2762, Escape After Remand or
Arrest. The court must provide the jury with a verdict form on which the jury will
indicate if the prosecution has or has not been proved the additional allegation of
the use of force.
If causation is at issue, the court has a sua sponte duty to instruct on proximate
cause. (People v. Bernhardt (1963) 222 Cal.App.2d 567, 590–591 [35 Cal.Rptr.
401].) If the evidence indicates that there was only one cause of injury, the court
should give the “direct, natural, and probable” language in the first bracketed
paragraph on causation. If there is evidence of multiple causes of injury, the court
should also give the “substantial factor” instruction in the second bracketed
paragraph on causation. (See People v. Autry (1995) 37 Cal.App.4th 351, 363 [43
Cal.Rptr.2d 135]; People v. Pike (1988) 197 Cal.App.3d 732, 746–747 [243
Cal.Rptr. 54].)
Give the bracketed paragraph that begins with “The People must prove that the
defendant personally” if this is an issue in the case. (People v. Moretto (1994) 21
Cal.App.4th 1269, 1278 [26 Cal.Rptr.2d 719].) Give also CALCRIM No. 400,
Aiding and Abetting: General Principles, and CALCRIM No. 401, Aiding and
Abetting: Intended Crimes.
The jury must determine whether the person who arrested the defendant is a peace
officer. (People v. Brown (1988) 46 Cal.3d 432, 444–445 [250 Cal.Rptr. 604, 758
P.2d 1135].) The court may instruct the jury on the appropriate definition of “peace
officer” from the statute (e.g., “a Garden Grove Regular Police Officer and a Garden
Grove Reserve Police Officer are peace officers”). (Ibid.) However, the court may
not instruct the jury that the person was a peace officer as a matter of law (e.g.,
“Officer Reed was a peace officer”). (Ibid.)
AUTHORITY
•
Elements. Pen. Code, § 836.6.
•
Force or Violence Defined. People v. Lozano (1987) 192 Cal.App.3d 618, 627
[237 Cal.Rptr. 612]; People v. Bravot (1986) 183 Cal.App.3d 93, 97 [227
Cal.Rptr. 810].
•
Defendant Must Personally Use Force or Aid and Abet Another. People v.
CALCRIM No. 2763
CRIMES AGAINST GOVERNMENT
662