GBI: Group Beating Situation
June 1st, 2014


People v. Dunkerson (2007) 155 Cal. App. 4th 1413, upheld CC 3160 in the “group beating” situation. Dunkerson found that CC 3160 in the “group beating” context was not materially different from CJ 17.20, and that CJ 17.20 had been upheld by the California Supreme Court. Dunkerson held that CC 3160, the same as CJ 17.20, “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.” (Id. at 1414, 1418.)