P. v. Rodriguez
On March 21, 2007, the Supreme Court transferred this matter (S139081) to this court with directions to vacate our unpublished decision filed October 17, 2005, and to reconsider the matter in light of People v. Modiri (2006) 39 Cal.4th 481 (Modiri). In our earlier decision we held that CALJIC No. 17.20 impermissibly allowed the jury to find that defendant had personally inflicted great bodily injury (Pen. Code, 12022.7, subd. (a))[1] in the course of a group beating without finding that defendants conduct had directly caused, or could have directly caused, the injury. Court reversed the judgment and remanded for retrial of the section 12022.7 enhancement. The Supreme Court granted review and deferred briefing pending its decision in Modiri. Modiri approved the group beating section of CALJIC No. 17.20. Court hereby vacate our previous decision and reconsider the matter in light of Modiri.
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