DUNKERSON

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 defendant’s argument in a case involving CALJIC No. 17.20, which is not materially different from CALCRIM No. 3160 with respect to the issue raised by defendant. The Supreme Court held that the group beating instruction, as it relates to whether a defendant personally inflicted great bodily injury in a group attack, is proper when the defendant personally uses force against the victim and the precise injurious effect of the defendant’s actions is unclear. (People v. Modiri (2006) 39 Cal.4th 481, 495-497 [ 46 Cal.Rptr.3d 762 , 139 P.3d 136 ] (Modiri).)

PROCEDURE

Defendant was charged with one count of…