CALCRIM (Jury Instructions) Section 3225. state law requirement that an aggravating factor may not be found to be true unless the defendant’s conduct was distin
CALCRIM (Jury Instructions) § 3225
state law requirement that an aggravating factor may not be found to be true unless
the defendant’s conduct was distinctively worse than an ordinary commission of the
underlying crime.
Penal Code section 12022
Consistent with the language of rule 4.421(a)(2), the instruction has been drafted
with the assumption that the defendant is personally armed. The armed enhancement
contained in Penal Code section 12022(a)(1) provides: “This additional term shall
apply to a person who is a principal in the commission of a felony or attempted
felony if one or more of the principals is armed with a firearm, whether or not the
person is personally armed with a firearm.” Whether there is a relationship between
the rule of court and Penal Code section 12022(a)(1) has not been addressed by case
law.
RELATED ISSUES
Prohibition Against Dual Use of Facts at Sentencing
The jury may find true multiple aggravating factors based on the same underlying
fact. However, at sentencing, a single underlying fact may not support more than
one aggravating factor. (People v. Fernandez (1990) 226 Cal.App.3d 669, 680 [276
Cal.Rptr. 631].)
CALCRIM No. 3225
ENHANCEMENTS AND SENTENCING FACTORS
936
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 3225. state law requirement that an aggravating factor may not be found to be true unless the defendant’s conduct was distin. This means people must follow this rule, and breaking it can lead to criminal penalties.