CALCRIM No. 3115

If you find the defendant guilty of the crime[s] charged in Count[s]

[,] [or of attempting to commit (that/those) crime[s]][or the

lesser crime[s] of <insert name[s] of alleged lesser

offense[s]>], you must then decide whether[, for each crime,] the People

have proved the additional allegation that one of the principals was

armed with a firearm in the commission [or attempted commission] of

that crime. [Y ou must decide whether the People have proved this

allegation for each crime and return a separate finding for each crime.]

A person is a principal in a crime if he or she directly commits [or

attempts to commit] the crime or if he or she aids and abets someone

else who commits [or attempts to commit] the crime.

[A firearm is any device designed to be used as a weapon, from which a

projectile is discharged or expelled through a barrel by the force of an

explosion or other form of combustion.]

[The term firearm is defined in another instruction.]

[A firearm does not need to be in working order if it was designed to

shoot and appears capable of shooting.] [A firearm does not need to be

loaded.]

A principal is armed with a firearm when that person:

1. Carries a firearm [or has a firearm available] for use in either

offense or defense in connection with the crime[s] charged in

Count[s] [or the lesser crime[s] of <insert

name[s] of alleged lesser offense[s]>,];

AND

2. Knows that he or she is carrying the firearm [or has it available].

<If there is an issue in the case over whether the principal was armed with

the firearm “in the commission of” the offense, see Bench Notes.>

The People have the burden of proving each allegation beyond a

reasonable doubt. If the People have not met this burden, you must find

that the allegation has not been proved.

New January 2006; Revised August 2006, February 2012