CALCRIM No. 3148

§ 12022.53(c))

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 and

intentionally discharged a firearm during that offense. [Y ou must decide

whether the People have proved this allegation for each crime and

return a separate finding for each crime.]

To prove this allegation, the People must prove that:

1. The defendant personally discharged a firearm during the

commission [or attempted commission] of the crime;

AND

2. The defendant intended to discharge the firearm.

[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.]

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