P. v. Sarik
A jury convicted defendant Sean Sarik of aggravated assault (Pen.Code, 245, subd. (a)(1)) and found true enhancement allegations that he personally inflicted great bodily injury (GBI) on someone other than an accomplice ( 12022.7, subd. (a)) and committed the offense for the benefit of a criminal street gang ( 186.22, subd. (b)(1)). Defendant also admitted an allegation under the Three Strikes law that he had a prior conviction for a serious felony. ( 667, subds.(b)-(i)). The court imposed a 12-year sentence, comprising a two-year middle term for the assault, doubled under the Three Strikes law; a consecutive five-year term for the gang enhancement and a consecutive three-year term for the GBI enhancement. On appeal from the judgment, defendant challenged the propriety of CALJIC No. 17.20, an instruction given by the court that tells the jury how to determine whether defendant personally inflicted great bodily injury. He claimed that the instruction is legally flawed because it allows imposition of an enhancement without a finding that he personally inflicted great bodily injury. This court agreed with defendant and reversed the judgment, noting, however, that the propriety of CALJIC No. 17.20 was then currently pending before the California Supreme Court in People v. Modiri (2003) 112 Cal.App.4th 123, review granted December 23, 2003, S120238. The Supreme Court granted review in this case. Thereafter, it filed People v. Modiri (2006) 39 Cal.4th 481 (Modiri) and transferred the case back to this court for reconsideration in light of Modiri.
Having done so, Court now affirm the judgment.
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