SERIES 500 HOMICIDE
F 525 Second Degree Murder: Discharge From Motor Vehicle
TABLE OF CONTENTS
F 525.1 Titles And Identification Of Parties
F 525.1 Inst 1 Second Degree Murder: Discharge From Motor Vehicle—Title
F 525.1 Inst 2 Identification Of Prosecution And Defendant
F 525.2 Second Degree Murder: Discharge From Motor Vehicle—Tailoring To Facts: Persons, Places, Things And Theories
F 525.2 Inst 1 Tailoring To Facts: Specification Of Decedent
F 525.3 Second Degree Murder: Discharge From Motor Vehicle—Language That Is Argumentative, Confusing, Etc.
F 525.3 Inst 1 Jury Not Required To Decide
F 525.3 Inst 2 Modification Of Language Cross-Referencing Other Instructions
F 525.3 Inst 3 Deletion Of Argumentative And Duplicative Language
F 525.4 Second Degree Murder: Discharge From Motor Vehicle—Burden Of Proof Issues
F 525.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 525.5 Second Degree Murder: Discharge From Motor Vehicle—Elements And Definitions
F 525.5 Inst 1 Concurrence Of Act And Intent; Separate Enumeration Of Discrete Elements Combined In Element 1
F 525.5 Inst 2 Concurrence Of Act And Intent
F 525.5 Inst 3 Great Bodily Injury: Requires Injury In Addition To That Present In The Offense
F 525.6 Second Degree Murder: Discharge From Motor Vehicle—Defense Theories [Reserved]
F 525.7 Second Degree Murder: Discharge From Motor Vehicle—Preliminary Fact Issues [Reserved]
F 525.8 Second Degree Murder: Discharge From Motor Vehicle—Unanimity/ Duplicity/ Multiplicity [Reserved]
F 525.9 Second Degree Murder: Discharge From Motor Vehicle—Lesser Offense Issues [Reserved]
Return to Series 500 Table of Contents.
F 525.1 Titles And Identification Of Parties
F 525.1 Inst 1 Second Degree Murder: Discharge From Motor Vehicle—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 525.1 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 525.2 Second Degree Murder: Discharge From Motor Vehicle—Tailoring To Facts: Persons, Places, Things And Theories
F 525.2 Inst 1 Tailoring To Facts: Specification Of Decedent
*Modify CC 525 Element 1, as follows:
[Replace “a person” with “___________________<name of decedent>” ]
Element 2 & 3:
[Replace “a person” with “___________________<name of person shot at>” ]
Points and Authorities
See FORECITE F 820.2 Inst 1; see also F 400.2 Inst 1.
F 525.3 Second Degree Murder: Discharge From Motor Vehicle—Language That Is Argumentative, Confusing, Etc.
F 525.3 Inst 1 Jury Not Required To Decide
*Modify CC 525 paragraph 1 as follows [added language is underlined]:
If you find the defendant guilty of second degree murder [as charged in Count ], you must then decide, if you can, whether the People have proved the additional allegation that the murder was committed by shooting a firearm from a motor vehicle.
Points and Authorities
See FORECITE F 100.7 Inst 1.
F 525.3 Inst 2 Modification Of Language Cross-Referencing Other Instructions
See FORECITE F 524.3 Inst 2.
F 525.3 Inst 3 Deletion Of Argumentative And Duplicative Language
*Modify CC 525, as follows:
[Delete paragraph 7]
Points and Authorities
This language merely argues and repeats matters which are already set forth in the elements of the charge. Therefore it should be deleted. (See FORECITE F 416.3 Inst 4.)
F 525.4 Second Degree Murder: Discharge From Motor Vehicle—Burden Of Proof Issues
F 525.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 525.5 Second Degree Murder: Discharge From Motor Vehicle—Elements And Definitions
F 525.5 Inst 1 Concurrence Of Act And Intent; Separate Enumeration Of Discrete Elements Combined In Element 1
*Modify CC 525, Element 1, as follows [added language is underlined; deleted language is stricken]:
1. (The defendant/__________ <insert name or description of principal if not defendant>) killed a person by shooting a firearm from a motor vehicle ___________________<name of decedent>;
2. (The defendant/__________ <insert name or description of principal if not defendant>) did so by shooting a firearm from a motor vehicle;
[Renumber remaining elements].
Points and Authorities
Concurrence Of Act And Intent—See FORECITE F 251 Inst 3.
Separate Enumeration Of Elements—See FORECITE F 3500.2 Inst 1.
Use Of The Term “Defendant”—The defense requests that the defendant be referred to by name throughout this trial and in the jury instructions. [See CALCRIM Motion Bank # CCM-005.] By using the term “defendant” in this instructional request, the defense does not withdraw the request.
F 525.5 Inst 2 Concurrence Of Act And Intent
*Modify CC 525, Element 2 as follows [added language is underlined; deleted language is stricken]:
2. When (the defendant/__________ <insert name or description of principal if not defendant>) shot the firearm, (he/she) intentionally shot at a person who was outside the vehicle;
Points and Authorities
See FORECITE F 251 Inst 3; compare CALCRIM 525, Element 3.
F 525.5 Inst 3 Great Bodily Injury: Requires Injury In Addition To That Present In The Offense
*Modify CC 525, paragraph 5, sentence 1 as follows:
[Great bodily injury means significant or substantial physical injury in addition to that which must necessarily be present in every case of ____________ <insert charged offense>.]
Points and Authorities
See FORECITE F 524.5 Inst 5.
F 525.6 Second Degree Murder: Discharge From Motor Vehicle—Defense Theories [Reserved]
F 525.7 Second Degree Murder: Discharge From Motor Vehicle—Preliminary Fact Issues [Reserved]
F 525.8 Second Degree Murder: Discharge From Motor Vehicle—Unanimity/ Duplicity/ Multiplicity [Reserved]
F 525.9 Second Degree Murder: Discharge From Motor Vehicle—Lesser Offense Issues [Reserved]