Section 3145 | CALCRIM (Jury Instructions)

[upholding instructions containing great bodily injury definition as written].)
AUTHORITY
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Enhancements. Pen. Code, §§ 667.61(e)(3), 1192.7(c)(23), 12022(b)(1) & (2),
12022.3.
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Deadly Weapon Defined. People v. Aguilar (1997) 16 Cal.4th 1023, 1028–1029
[68 Cal.Rptr.2d 655, 945 P.2d 1204]; People v. Beasley (2003) 105 Cal.App.4th
1078, 1086–1087 [130 Cal.Rptr.2d 717].
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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].
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Personally Uses. People v. 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).
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“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 [38 Cal.Rptr.2d 127].
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May Not Receive Enhancement for Both Using and Being Armed With One
Weapon. People v. Wischemann (1979) 94 Cal.App.3d 162, 175–176 [156
Cal.Rptr. 386].
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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].
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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].
RELATED ISSUES
No Duty to Instruct on “Lesser Included Enhancements”
“[A] trial court’s sua sponte obligation to instruct on lesser included offenses does
not encompass an obligation to instruct on ‘lesser included enhancements.’ ” (People
v. Majors (1998) 18 Cal.4th 385, 411 [75 Cal.Rptr.2d 684, 956 P.2d 1137].) Thus, if
the defendant is charged with an enhancement for use of a weapon, the court does
not need to instruct on an enhancement for being armed.
Weapon Displayed Before Felony Committed
Where a weapon is displayed initially and the underlying crime is committed some
time after the initial display, the jury may conclude that the defendant used the
weapon in the commission of the offense if the display of the weapon was “at least
. . . an aid in completing an essential element of the subsequent crimes . . . .”
ENHANCEMENTS AND SENTENCING FACTORS
CALCRIM No. 3145
853

(People v. Masbruch (1996) 13 Cal.4th 1001, 1014 [55 Cal.Rptr.2d 760, 920 P.2d
705].)
Weapon Used Did Not Cause Death
In People v. Lerma (1996) 42 Cal.App.4th 1221, 1224 [50 Cal.Rptr.2d 580], the
defendant stabbed the victim and then kicked him. The coroner testified that the
victim died as a result of blunt trauma to the head and that the knife wounds were
not life threatening. (Ibid.) The court upheld the finding that the defen