People v. Modiri , 46 Cal. Rptr. 3d 762 ( 2006 )

WERDEGAR, J., Concurring.

I agree with the majority that CALJIC No. 17.20 does not misstate the law regarding allegations of personal infliction of great bodily injury. I also agree the trial court did not err by giving the instruction in this case, where the evidence showed defendant participated in a group attack and personally struck the victim with blows the jury could find caused his injuries, either by themselves or together with the blows of his coassailants. I do not understand the majority’s discussion of People v. Dominick (1986) 182 Cal.App.3d 1174 [227 Cal.Rptr. 849] to constitute approval of the application of personal-infliction enhancements in cases where (as in Dominick) the defendant’s role was limited to restraining the victim while a coassailant struck her (a factual scenario the majority correctly notes is “not implicated” here (maj. opn., ante, at p. 496)), but only as endorsing the general principle that direct participants in group attacks are not immune from personal-infliction findings. On that basis I have signed the majority opinion.