SERIES 3100 ENHANCEMENTS AND SENTENCING FACTORS
F 3132 Personally Armed With Firearm: Unlawfully Armed When Arrested
TABLE OF CONTENTS
F 3132.1 Titles And Identification Of Parties
F 3132.1 Inst 1 Personally Armed With Firearm: Unlawfully Armed When Arrested—Title
F 3132.1 Inst 2 Identification Of Prosecution And Defendant
F 3132.2 Personally Armed With Firearm: Unlawfully Armed When Arrested—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 3132.3 Personally Armed With Firearm: Unlawfully Armed When Arrested—Language That Is Argumentative, Confusing, Etc.
F 3132.3 Inst 1 Modification Of Coercive Language That The Jurors “Must Decide” The Enhancement
F 3132.4 Personally Armed With Firearm: Unlawfully Armed When Arrested—Burden Of Proof Issues
F 3132.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 3132.5 Personally Armed With Firearm: Unlawfully Armed When Arrested—Elements And Definitions
F 3132.5 Inst 1 Armed With Firearm: Enumeration Of Elements
NOTES
F 3132 Note 1 Whether Heller Applies To Firearm Enhancement
Return to Series 3100 Table of Contents.
F 3132.1 Titles And Identification Of Parties
F 3132.1 Inst 1 Personally Armed With Firearm: Unlawfully Armed When Arrested—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 3132.1 Inst 2 Identification Of Prosecution And Defendant
See generally FORECITE F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.
F 3132.2 Personally Armed With Firearm: Unlawfully Armed When Arrested—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 3132.3 Personally Armed With Firearm: Unlawfully Armed When Arrested—Language That Is Argumentative, Confusing, Etc.
F 3132.3 Inst 1 Modification Of Coercive Language That The Jurors “Must Decide” The Enhancement
*Modify CC 3132, paragraph 1, as follows [added language is underlined; deleted language is stricken]:
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 try to decide, if you can, whether[, for each crime,] the People have prosecution has proved the additional allegation that the defendant was unlawfully armed with a firearm when (he/she) was arrested for that crime. [You must try to decide, if you can, whether the People have proved this allegation for each crime and return a separate finding for each crime.]
Points and Authorities
See FORECITE F 3100.3 Inst 1.
F 3132.4 Personally Armed With Firearm: Unlawfully Armed When Arrested—Burden Of Proof Issues
F 3132.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 3100.4 Inst 1.
F 3132.5 Personally Armed With Firearm: Unlawfully Armed When Arrested—Elements And Definitions
F 3132.5 Inst 1 Armed With Firearm: Enumeration Of Elements
Adapt from FORECITE F 3115.5 Inst 1.
F 3132 NOTES
F 3132 Note 1 Whether Heller Applies To Firearm Enhancement
See FORECITE F 2303 Note 6.