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PEOPLE v. DUNKERSON

No. C052287.

66 Cal.Rptr.3d 795 (2007)

155 Cal.App.4th 1413

The PEOPLE, Plaintiff and Respondent, v. Kevin DUNKERSON, Defendant and Appellant.

Court of Appeal of California, Third District.

October 10, 2007.

Attorney(s) appearing for the Case

Matthew Alger, Fresno, for Defendant and Appellant.

Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Julie A. Hokans and Michael Dolida, Deputy Attorneys General, for Plaintiff and Respondent.

NICHOLSON, J.

A jury convicted defendant, Kevin Dunkerson, of assault with force likely to produce great bodily injury with an enhancement for personally inflicting great bodily injury. Defendant contends the trial court erred when, using Judicial Council of California Criminal Jury Instructions, CALCRIM No. 3160, it gave a "group beating" instruction that improperly allowed the jury to find he personally inflicted great bodily injury even though others in the group...

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