People v. DUNKERSON

Opinion

NICHOLSON, J.

A jury convicted defendant, Kevin Dunkerson, of assault with force likely to produce great bodily injury, with an enhancement for personally inflicting great bodily injury. Defendant contends the trial court erred when, using Judicial Council of California Criminal Jury Instructions (2006) CALCRIM No. 3160, it gave a “group beating” instruction that improperly allowed the jury to find he personally inflicted great bodily injury even though others in the group may have caused the injury.

We affirm because, subsequent to the filing of this appeal, the Supreme Court rejected…