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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]

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