SERIES 2300 CONTROLLED SUBSTANCES
F 2331 Offering To Manufacture A Controlled Substance (HS 11379.6(a) & (c), HS 11054–11058)
TABLE OF CONTENTS
F 2331 Offering To Manufacture A Controlled Substance (HS 11379.6(a) & (c), HS 11054–11058)
F 2331.5 Inst 1 Knowledge Of Controlled Substance Being Manufactured
NOTES
F 2331 Note 1 Cross References
Return to Series 2300 Table of Contents.
F 2331 Offering To Manufacture A Controlled Substance (HS 11379.6(a) & (c), HS 11054–11058)
Adapt from FORECITE F 2330.
F 2331.5 Inst 1 Knowledge Of Controlled Substance Being Manufactured
*Modify CC 2331 as follows: delete paragraph 4 and add as Element 3:
3. When the defendant made the offer (he/she) knew which specific controlled substance was involved.
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request – [See CALCRIM Motion Bank # CCM-001.]
The CALCRIM Deficiency – See People v. Coria (1999) 21 C4th 868, 881 [modified version of CJ 12.09.1 held to be error “[b]ecause a person is not guilty of manufacturing methamphetamine if he does not know that methamphetamine is the substance being manufactured . . .”]. (See also FORECITE F 2330.5 Inst 2.)
Identification Of Parties – See FORECITE F 100.2 Note 1.
WARNING! Federal constitutional claims may be lost without proper federalization – To preserve federal claims counsel should add the applicable constitutional provisions and authority to the above points and authorities and explain how those provisions will be violated under the circumstances of this case. Potential constitutional grounds for this request include, but are not limited to:
FORECITE CG 2.2 [Burden Of Proof: Elements And Essential Facts]
FORECITE CG 4.1 [Right To Instruct The Jurors On Defense Theories]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
F 2331 NOTES
F 2331 Note 1 Cross References
See FORECITE F 2330 et seq.
