CALCRIM No. 3146

667.61(e)(4), 1203.06, 1192.7(c)(8), 12022.3, 12022.5, 12022.53(b))

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 the defendant personally used

a firearm during 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 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.]

Someone personally uses a firearm if he or she intentionally does any of

the following:

1. Displays the weapon in a menacing manner;

2. Hits someone with the weapon;

OR

3. Fires the weapon.

<If there is an issue in the case over whether the defendant used the firearm

“during 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 February 2012