What is the test for the prosecution to prove that someone who was a principal in the crime personally discharged a firearm during the commission of the crime?

California, United States of America


The following excerpt is from People v. Jones, B254370 (Cal. App. 2015):

caused death." The court further instructed that the prosecution had to prove "(1) Someone who was a principal in the crime personally discharged a firearm during the commission of the crime; [] (2) That person intended to discharge the firearm; and [] (3) That person's act caused the death of another person." (Block capitals omitted.) There is no evidence in the record suggesting that the jury was confused by any perceived discrepancy between the instructions and the verdict form and we assume that the jury understood the instructions and followed them. (People v. Chavez (2000) 84 Cal.App.4th 25, 31.)

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