What are the elements of Calcim No. 3149 of the California Criminal Code requiring a defendant to have personally discharged a firearm during the commission of a crime?

California, United States of America


The following excerpt is from People v. Lopez, E062323 (Cal. App. 2016):

CALCRIM No. 3149 provides that the People must prove that "[t]he defendant personally discharged a firearm during the commission of that crime", "intended to discharge the firearm", and that "[t]he defendant's act" caused great bodily injury or death. The first element defined the act, defendant's discharge of a firearm; the third element's reference to "the defendant's act" was a clear reference to the defendant's discharge of the firearm. The subject language "the defendant's act" could only reasonably refer to the defendant's act of discharging the firearm. (See People v. Kainzrants (1996) 45 Cal.App.4th 1068, 1074.)

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