SERIES 2400 CONTROLLED SUBSTANCES
F 2401 Aiding And Abetting Unlawful Use Of Controlled Substance (HS 11365)
TABLE OF CONTENTS
F 2401.1 Titles And Identification Of Parties
F 2401.1 Inst 1 Aiding And Abetting Unlawful Use Of Controlled Substance—Title
F 2401.1 Inst 2 Identification Of Prosecution And Defendant
F 2401.2 Aiding And Abetting Unlawful Use Of Controlled Substance—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 2401.3 Aiding And Abetting Unlawful Use Of Controlled Substance—Language That Is Argumentative, Confusing, Etc.
F 2401.3 Inst 1 Separate Enumeration Of Combined Elements; “Willfully” As Discrete Element
F 2401.3 Inst 2 Willfully: Argumentative
F 2401.4 Aiding And Abetting Unlawful Use Of Controlled Substance—Burden Of Proof Issues
F 2401.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 2401.5 Aiding And Abetting Unlawful Use Of Controlled Substance—Elements And Definitions
F 2401.5 Inst 1 Willfully: Knowledge
F 2401.5 Inst 2 Aiding And Abetting: Issues And Instructions
F 2401.6 Aiding And Abetting Unlawful Use Of Controlled Substance—Defense Theories [Reserved]
F 2401.7 Aiding And Abetting Unlawful Use Of Controlled Substance—Preliminary Fact Issues [Reserved]
F 2401.8 Aiding And Abetting Unlawful Use Of Controlled Substance— Unanimity/ Duplicity/ Multiplicity [Reserved]
F 2401.9 Aiding And Abetting Unlawful Use Of Controlled Substance—Lesser Offense Issues [Reserved]
Return to Series 2400 Table of Contents.
F 2401.1 Titles And Identification Of Parties
F 2401.1 Inst 1 Aiding And Abetting Unlawful Use Of Controlled Substance—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 2401.1 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 2401.2 Aiding And Abetting Unlawful Use Of Controlled Substance—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 2401.3 Aiding And Abetting Unlawful Use Of Controlled Substance—Language That Is Argumentative, Confusing, Etc.
F 2401.3 Inst 1 Separate Enumeration Of Combined Elements; “Willfully” As Discrete Element
*Modify CC 2401, Element 1, as follows [added language is underlined; deleted language is stricken]:
1. The defendant willfully and intentionally (visited/ [or] was present in) a place where someone else was (smoking/ [or] using) __________ <insert controlled substance specified in Health & Saf. Code, §11365>, a controlled substance;
2. The defendant did so willfully.
[Renumber remaining elements.]
Points and Authorities
See FORECITE F 3500.2 Inst 1.
F 2401.3 Inst 2 Willfully: Argumentative
See FORECITE F 820.3 Inst 1.
F 2401.4 Aiding And Abetting Unlawful Use Of Controlled Substance—Burden Of Proof Issues
F 2401.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 2401.5 Aiding And Abetting Unlawful Use Of Controlled Substance—Elements And Definitions
F 2401.5 Inst 1 Willfully: Knowledge
See FORECITE F 820.5 Inst 1.
F 2401.5 Inst 2 Aiding And Abetting: Issues And Instructions
See FORECITIE F 400.
F 2401.6 Aiding And Abetting Unlawful Use Of Controlled Substance—Defense Theories [Reserved]
F 2401.7 Aiding And Abetting Unlawful Use Of Controlled Substance—Preliminary Fact Issues [Reserved]
F 2401.8 Aiding And Abetting Unlawful Use Of Controlled Substance— Unanimity/ Duplicity/ Multiplicity [Reserved]
F 2401.9 Aiding And Abetting Unlawful Use Of Controlled Substance—Lesser Offense Issues [Reserved]