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SERIES 3500 POST-TRIAL: CONCLUDING

  • A. Unanimity

  • F 3500 Unanimity/Duplicity (Case Law Discussing This Instruction)
  • F 3500.1 Unanimity: Duty To Instruct
    • F 3500.1 Note 1 Juror Unanimity: Prosecution Must Elect If Requested
    • F 3500.1 Note 2 Juror Unanimity: Evidence Necessitating Instruction
    • F 3500.1 Note 3 Importance Of Giving Unanimity Instruction
    • F 3500.1 Note 4 Juror Unanimity: Constitutional Principles
    • F 3500.1 Note 5 Juror Unanimity: Requirement Of Notice Before Submitting Multiple Acts To The Jury
    • F 3500.1 Note 6 Juror Unanimity: Continuous Course-of-Conduct Crimes
    • F 3500.1 Note 7 Juror Unanimity: Theory Versus Act
    • F 3500.1 Note 8 Jury Unanimity: Joining Completed Offense And Attempt In Same Count As Duplicitous
    • F 3500.1 Note 9 Juror Unanimity: Applicability To Enhancements
    • F 3500.1 Note 10 Juror Unanimity: Civil Forfeiture Proceeding
    • F 3500.1 Note 11 Juror Unanimity And Double Jeopardy
    • F 3500.1 Note 12 Jurors Must Unanimously Reject Any Defenses Before Convicting
    • F 3500.1 Note 13 “Advice To Judges”
  • F 3500.2 Unanimity: Basic Instructions
    • F 3500.2 Inst 1 Unanimity: Enumeration Of Acts
    • F 3500.2 Inst 2 Unanimity: Enumeration Of Acts; Concurrence Of Act And Intent/Mental State
    • F 3500.2 Inst 3 Special Unanimity Instruction For Continuous Course Of Conduct Offenses
    • F 3500.2 Inst 4 (a-d) Jurors Must Unanimously Reject Any Defenses Before Convicting
    • F 3500.2 Inst 5 Adaption Of Unanimity Instruction To Multiple Counts
  • F 3500.3 Unanimity: Preliminary Facts And Predicate Acts
  • F 3500.3.1 Preliminary Facts
    • F 3500.3.1 Inst 1 Juror Unanimity: Preliminary Facts Which Are Not Essential Facts Or Elements
    • F 3500.3.1 Inst 2 Juror Unanimity: Preliminary Facts Which Are Essential Facts Or Elements
  • F 3500.3.2 Predicate Acts
    • F 3500.3.2 Note 1 Juror Unanimity As To Predicate Acts
  • F 3500.4 Unanimity: Specific Offense
  • F 3500.4.1 Conspiracy
    • F 3500.4.1 Inst 1 (a & b) Unanimity As To Objective Of Conspiracy
  • F 3500.4.1 Notes
    • F 3500.4.1 Note 1 Conspiracy: Unanimity As To Overt Acts—Multiple Agreements
    • F 3500.4.1 Note 2 Conspiracy: Unanimity As To Overt Acts— Statute Of Limitations
    • F 3500.4.1 Note 3 Conspiracy: Unanimity As To Overt Acts—Withdrawal
    • F 3500.4.1 Note 4 Conspiracy: Unanimity As To Overt Acts—When Some Overt Acts Were Committed Before Defendant Joined Conspiracy
    • F 3500.4.1 Note 5 Conspiracy: Unanimity As To Overt Acts—When One Overt Act Was Committed After Conspiracy Terminated
  • F 3500.4.2 Unanimity: Murder
    • F 3500.4.2 Note 1 Murder: Alternative Theories—Acts Requiring Unanimity Distinguished
    • F 3500.4.2 Note 2 Juror Unanimity: Felony Murder
    • F 3500.4.2 Note 3 Juror Unanimity: No Agreement Necessary As To Act Constituting Lying In Wait
    • F 3500.4.2 Note 4 Unanimity As To Act Constituting Murder
  • F 3500.4.3 Juror Unanimity: Possession Offenses
    • F 3500.4.3 Note 1 Possession: Individual Units
    • F 3500.4.3 Note 2 Juror Unanimity As To Firearm/Weapon Possession Offenses
  • F 3500.4.4 Juror Unanimity: Theft
    • F 3500.4.4 Note 1 Jury Unanimity: More Than One Discrete Crime Of Theft
    • F 3500.4.4 Note 2 Juror Unanimity: Jury Unanimity As To Theory Of Theft
    • F 3500.4.4 Note 3 Theft: Unanimity As To Act Of Theft
  • F 3500.4.5 Juror Unanimity: Perjury
    • F 3500.4.5 Note 1 Perjury
  • F 3500.4.6 Juror Unanimity: Assault
    • F 3500.4.6 Note 1 Juror Unanimity: Single Assault Based On Multiple Acts
  • F 3500.4.7 Juror Unanimity: Torture
    • F 3500.4.7 Note 1 Juror Unanimity: Torture
  • F 3500.4.8 Juror Unanimity: Battery
    • F 3500.4.8 Note 1 Juror Unanimity: Which Of Two Acts Constituted Battery
  • F 3500.4.9 Juror Unanimity: Vehicular Offenses
    • F 3500.4.9 Note 1 Juror Unanimity As To Unlawful Act Which is Basis For Drunk Driving Or Vehicular Manslaughter Charge
  • F 3500.4.10 Juror Unanimity As To Criminal Threats
    • F 3500.4.10 Note 1 Multiple Threats
  • F 3500.4.11 Juror Unanimity: Sex Offenses
    • F 3500.4.11 Note 1 Juror Unanimity: Sexual Molestation (PC 288)
  • F 3500.4.12 Juror Unanimity: Fraud
    • F 3500.4.12 Note 1 Juror Unanimity: Workers’ Compensation Fraud (Ins C 1871.4)
  • F 3500.4.13 Juror Unanimity: Burglary
    • F 35004.13 Note 1 No Unanimity As To Predicate Intent For Burglary
  • F 3500.4.14 Juror Unanimity: Child Abuse
    • F 3500.4.14 Note 1 Child Abuse May Be Charged As Continuing Course Of Conduct Or Single Act
  • F 3500.4.15 Juror Unanimity: Robbery
    • F 3500.4.15 Note 1 Juror Unanimity: Robbery
  • F 3500.5 Unanimity: Appeal
    • F 3500.5 Note 1 Jury Unanimity: Standard Of Prejudice
  • F 3500.6 Unanimity: Motions And Forms
  • F 3500.6 M1 Motions and Proposed Forms for Unanimity Instruction and Special Findings
  • F 3501 Unanimity: When Generic Testimony of Offense Presented
    • F 3501 Inst 1 Unanimity: Generic Testimony—Enumeration Of Acts
    • F 3501 Inst 2 Concurrence Of Act And Intent
    • F 3501 Inst 3 When Proof Must Show Specific Act: Alibi Defense (PC 288.5)
  • F 3501 NOTES
    • F 3501 Note 1 Resident Child Molester Statute Held Constitutional (PC 288.5)
    • F 3501 Note 2 Juror Unanimity: Resident Child Molester: No Unanimity
    • F 3501 Note 3 Failure To Instruct On Unanimity As To Multiple Acts Of Child Molesting As Reversible Error
    • F 3501 Note 4 Multiple Counts: Continuous Sexual Abuse And Individual Sexual Offenses—PC 288.5 Precludes Convictions On Both Continuous Sexual Abuse Charge And Individual Sexual Offenses
  • F 3503B 3514 Reserved
  • B. Multiple Counts and Completion of Verdict Forms

  • F 3515 Multiple Counts: Separate Offenses (PC 954) (Case Law Discussing This Instruction)
  • F 3515.1 Multiple Counts: Basic Instructions
    • F 3515.1 Inst 1 Improper To Assume Crime Was Committed
    • F 3515.1 Inst 2 Verdict Need Not Be Reached
    • F 3515.1 Inst 3 (a & b) Multiple Counts: Decision On One Court Not To Influence The Other
    • F 3515.1 Inst 4 (a-c) Multiple Defendants, Multiple Counts: Jury Must Find On Each
    • F 3515.1 Inst 5 Series Of Wrongful Taking Acts May Constitute Only A Single Offense
  • F 3515.1 Inst 6 Separate Consideration Of Multiple Counts: Alternative Instruction
  • F 3515.1 Notes
    • F 3515.1 Note 1 Multiple Counts: Inconsistent Verdicts
    • F 3515.1 Note 2 Multiple Convictions Improper For Greater And Lesser Included Offenses
  • F 3515.2 Multiple Counts: Specific Crimes
    • F 3515.2 Inst 1 Separate Determination Of Enhancement Allegation As To Each Count
    • F 3515.2 Inst 2 Multiple Sex Acts Violating The Same Statute: Each Act Must Be Preceded By Separate, Intervening Act Of Force
  • F 3515.2 NOTES
    • F 3515.2 Note 1 Multiple Counts: Multiple Takings
    • F 3515.2 Note 2 Multiple Counts: Multiple Possessions
    • F 3515.2 Note 3 Multiple Counts: Multiple Victims
    • F 3515.2 Note 4 Multiple Counts: Multiple Entries
    • F 3515.2 Note 5 Multiple Counts: Receipt Of Multiple Items
    • F 3515.2 Note 6 Failure To Register (PC 290): Single Prosecution Required For PC 290 Violations Based On Single Act Of Relocating
    • F 3515.2 Note 7 Aggregation Of Multiple Misdemeanor Violations
    • F 3515.2 Note 8 Multiple Counts: Sale And Transportation
    • F 3515.2 Note 9 Multiple Counts: Kidnapping For Robbery And Kidnapping For Carjacking (PC 209.5; PC 209)
    • F 3515.2 Note 10 Multiple Counts: Arson—Individual Apartments Damaged By Fire Are Not Separate Structures Per PC 451.5(a)(3)
    • F 3515.2 Note 11 Evading A Peace Officer: Multiple Counts Improperly Based On Multiple Police Cars In The Chase
    • F 3515.2 Note 12 Conviction Permissible For Both Attempted Manslaughter And Assault For Same Act
    • F 3515.2 Note 13 Multiple Counts: Continuous Sexual Abuse And Individual Sexual Offenses—PC 288.5 Precludes Convictions On Both Continuous Sexual Abuse Charge And Individual Sexual Offenses
    • F 3515.2 Note 14 Multiple Counts: Forgery
    • F 3515.2 Note 15 Multiple Counts: Violation Of Child Custody Order (PC 278.5)
    • F 3515.2 Note 16 Multiple Counts: Medi-Cal Fraud (WI 14107)
    • F 3515.2 Note 17 Federal Internet Pornography Statute Held Not To Violate The First Amendment
    • F 3515.2 Note 18 Multiple Crimes From A Single Occasion: Predicate Crimes For Gang Enhancement (PC 186.22(b))
    • F 3515.2 Note 19 Kidnapping: Convictions For Both Simple And Aggravated Kidnapping Not Permissible For The Same Course Of Conduct
    • F 3515.2 Note 20 Conviction Of Both Carjacking And Robbery
  • F 3516 Multiple Counts: Alternative Charges for One Event
    • F 3516 Note 1 Verdict As To Charged Lesser May Be Returned Before Verdict As To The Greater Offense
    • F 3516 Note 2 Conviction For Receiving Stolen Property And/Or Burglary As To The Same Property
    • F 3516 Note 3 Whether Instruction On Mutual Exclusivity Of Theft And Receiving Stolen Property Should Be Given?
  • F 3517 Deliberations and Completion of Verdict Forms: Lesser Offenses or Degrees—Without Stone Instruction (Non-Homicide) (PC 1159) (Case Law Discussing This Instruction)
    • F 3517 Inst 1 Verdict As To Charged Lesser May Be Returned Before Verdict As To The Greater Offense
    • F 3517 Inst 2 Doubt Whether Greater Or Lesser Offense [Dewberry]
    • F 3517 Inst 3 Jury Should Be Instructed Upon Partial Verdict
    • F 3517 Inst 4 Doubt Whether Greater Or Lesser Offense: Applicability When Lesser Is Not Charged [Dewberry]
    • F 3517 Inst 5. Explanation That If Defendant Is Guilty Of Uncharged Lesser Related Offense Jury Must Acquit
    • F 3517 Inst 6 Definition Of Greater Offense Should Include Elements Of Lesser Offense Which The Prosecution Must Negate
  • F 3517 NOTES
    • F 3517 Note 1 Lesser Included Update
    • F 3517 Note 2 Lesser Related Update
    • F 3517 Note 3 Lesser Offense: CJ 17.10 Does Not Violate Kurtzman
    • F 3517 Note 4 Instruction On Lesser Offenses As To One Co-Defendant And Not The Other May Improperly Direct The Jury
    • F 3517 Note 5 Constitutional Challenge To Acquittal First Rule
    • F 3517 Note 6 Conviction Of Lesser Offense—Impact On Greater Offense
    • F 3517 Note 7 When Alternative Counts Include Lesser Offenses
    • F 3517 Note 8 Lesser Enhancement Allegation
    • F 3517 Note 9 Application Of Reasonable Doubt Rule To Choice Between Enhancement Allegations
    • F 3517 Note 10 Choice Between Firearm Use And Arming Allegations
    • F 3517 Note 11 The CALCRIM Instructions On Deliberation Procedure Fail To Require Consideration Of Omitted Elements Or Sub-Elements
  • F 3517 Revision History and Commentary
  • F 3518 Deliberations and Completion Of Verdict Forms: For Use When Lesser Included Offenses and Greater Crimes Are Note Separately Charged and the Jury Is Given Only One Not Guilty Verdict Form For Each Count (Non-Homicide)
  • F 3518 NOTES
    • F 3518 Note 1 The CALCRIM Instructions On Deliberation Procedure Fail To Require Consideration Of Omitted Elements Or Sub-Elements
    • F 3518 Note 2 Jury Should Be Instructed Upon Partial Verdict
  • F 3519 Deliberations and Completion of Verdict Forms: Lesser Offenses—For Use When Lesser Included Offenses and Greater Crimes Are Separately Charged (Non-Homicide)
  • F 3519 NOTES
    • F 3519 Note 1 The CALCRIM Instructions On Deliberation Procedure Fail To Require Consideration Of Omitted Elements Or Sub-Elements
  • F 3520B 3529 Reserved
  • C. Admonitions

  • F 3530 Judge’s Comment on the Evidence (PC 1127, 1093(f))
    • F 3530 Inst 1 Jurors Not To Take Judge’s Comments As Reflecting On Attorneys And Defendant
    • F 3530 Inst 2 No Duty To Reach Verdict
    • F 3530 Inst 3 Judge’s Comment On Evidence: Comments Are Advisory Only
    • F 3530 Inst 4 Jury Not To Consider Gestures By The Judge
  • F 3530 NOTES
    • F 3530 Note 1 Jury Not To Take Cue From The Judge: Judge Should Not Praise Prosecutor And/Or Prosecution Witnesses
    • F 3530 Note 2 Jury Not To Take Cue From The Judge: Judge Should Not Personally Attack Defense Attorney
    • F 3530 Note 3 Jury Not To Take Cue From The Judge: Reactions To Evidence Must Be Disregarded
    • F 3530 Note 4 Improper For Trial Judge To Direct Jury To Matters Adverse To The Defense In Guise Of “Comment On The Evidence”
  • F 3532B 3549 Reserved
  • D. Concluding Instruction on Submission to Jury

  • F 3550 Pre-Deliberation Instructions (Case Law Discussing This Instruction)
    • F 3550 Inst 1 Jurors Duty
    • F 3550 Inst 2 Individual Juror May Communicate With Judge
    • F 3550 Inst 3 Jurors Not To Take Judge’s Comments As Reflecting On Attorneys And Defendant
    • F 3550 Inst 4 Duty to Deliberate
    • F 3550 Inst 5 Duty to Deliberate: Impropriety of Juror-on-Juror Coercion
    • F 3550 Inst 6 Duty To Deliberate: Juror May Think About The Case And Make Notes While Deliberations Are In Recess
    • F 3550 Inst 7 No Electronic Research By Jurors Individually Or As A Group
    • F 3550 Inst 8 Jurors Must Not Conduct Investigation, Tests, Or Experiments During Deliberations
    • F 3550 Inst 9 No Limitation On Consideration Of Punishment Of Witness Granted Immunity/Leniency
  • F 3550 NOTES
    • F 3550 Note 1 Procedures And Instructions Re: Juror Deadlock
    • F 3550 Note 2 Propriety Of Giving The “Virga Firecracker” Instruction To A Deadlocked Jury
    • F 3550 Note 3 Individual Opinion Required: Duty To Deliberate – Informing Jury As To Possibility Of A Hung Jury
    • F 3550 Note 4 Duty To Deliberate: Jury Should Be Encouraged To Discuss The Case
    • F 3550 Note 5 Dismissal Of Juror For Failure To Deliberate
    • F 3550 Note 6 Jurors Must Only Discuss Case when All Jurors Are Together In The Jury Room
    • F 3550 Note 7 Improper To Refer To The Prosecution as “The People”
    • F 3550 Note 8 Discharge Of Juror: Applicability Of Double Jeopardy
    • F 3550 Note 9 Talking With Discharged Juror Prohibited By California Rules Of Professional Conduct
    • F 3550 Note 10 Judicial Misconduct: Informing Jury That Their Verdict Was Inconsistent
    • F 3550 Note 11 Juror Experiments During Trial Or Deliberations
    • F 3550 Note 12 Personal Expertise Of Juror
  • F 3551B 3574 Reserved
  • E. Alternates

  • F 3575 Substitution of Alternate Juror: During Deliberations (PC 1089)
    • F 3575 Inst 1 No Duty To Reach Verdict
    • F 3575 Inst 2 Substitution Of Alternate Juror After Partial Verdict
  • F 3575 Notes
    • F 3575 Note 1 Substitution Of Alternate Juror: Failure To Instruct Jury To Begin Deliberations Anew As Reversible Error
    • F 3575 Note 2 New Deliberations After Substitution Of Alternate As Constitutional Requirement
    • F 3575 Note 3 Substitution of Alternate Juror
  • F 3576 Substitution of Alternate Juror in Capital Case: After Guilt Determination, Before Submission of Penalty Phase to Jury
    • F 3576 Inst 1 No Duty To Reach Verdict As To Penalty
    • F 3576 Inst 2 Jurors Only To Consider Evidence Which Instructions Permit
  • F 3578B 3589 Reserved
  • F. Final Instruction on Discharge of Jury

  • F 3590 Final Instruction on Discharge of Jury (CCP 206, 237)
    • F 3590 Inst 1 Post-Trial Instructions: Admonition Regarding Media Coverage
    • F 3590 Note 1 Post-Trial Instructions: No Judicial Comment On Verdict Or Mistrial—Judge Must Not Commend Or Criticize Verdict
    • F 3590 Note 2 Access To Jurors’ Names And Addresses
  • F 3591B 3599 Reserved
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