No Dual Convictions of PC 245(c) Based on the Same Act or Course of Conduct
March 6th, 2020

PC 954 authorizes multiple convictions for different or distinct offenses but does not permit multiple convictions for a different statement of the same offense when it is based on the same act or course of conduct. (People v. Vidana (2016) 1 Cal.5th 632, 650.) Whether a statute defines different offenses or merely different ways of […]


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CC 540B Factors Relevant to Whether Defendant Acted with Reckless Indifference to Human Life
March 4th, 2020

People v. Clark (2016) 63 Cal.4th 522, 614-620 identified certain factors to guide the jury in its determination of whether the defendant acted with reckless indifference to human life but did not hold that the court has a sua sponte duty to instruct on those factors. Clark noted that these factors had been applied by […]


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CC 540B Factors Relevant to Whether Defendant Acted with Reckless Indifference to Human Life
March 4th, 2020

People v. Clark (2016) 63 Cal.4th 522, 614-620 identified certain factors to guide the jury in its determination of whether the defendant acted with reckless indifference to human life but did not hold that the court has a sua sponte duty to instruct on those factors. Clark noted that these factors had been applied by […]


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Does Pandering Require Procurement of Services for a Person Other Than the Defendant?
February 27th, 2020

There is a split of authority on whether pandering, per PC 266i(a)(2) requires that services be procured for a person other than the defendant. (People v. Dixon (2011) 191 Cal.App.4th 1154, 1159- 1160 [third person required]; People v. Jacobo (2019) 37 Cal.App.5th 32, 47 [no third person required].)   Jacobo rejected Dixon as follows:   […]


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September 2019 Revisions
February 26th, 2020

On September 24, 2019 the Judicial council approved, changes to the following   Revisions to CALCRIM Nos. 101, 200, 362, 376, 402, 403, 511, 520, 524, 540A, 540B, 540C, 548, 561, 600, 703, 732, 860, 862, 863, 875, 970, 982, 983, 1128, 1191A, 1502, 2100, 2101, 2102, 2503, 2572, 2651, 2652, 2720, 2721, 2900, 2902, […]




Should CC 361 Be Given When the Defendant Fails to Explain or Deny Incriminating Evidence in the Absence of a Question?
February 20th, 2020

Pursuant to People v. Saddler (1979) 24 Cal.3d 671, 682–683 CC 361 should not be given if there is no evidence that defendant failed to deny or explain incriminating evidence. Furthermore, People v. Cortez (2016) 63 C4th 101 held that CC 361 should only when a defendant completely fails to explain or deny incriminating evidence, or […]


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CSC Calls For Revision Of Kill Zone Instruction (CC 600)
February 18th, 2020

People v. Canizales (2019) 7 Cal.5th 591, 607 concluded that CC 600 was deficient and recommended revisions of that instruction as follows: “We therefore conclude that the kill zone theory for establishing the specific intent to kill required for conviction of attempted murder may properly be applied only when a jury concludes: (1) the circumstances […]


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Extortion: Sample Instruction on Affirmative Defense of Litigation Privilege
February 13th, 2020

In People v. Toledano DEPUBLISHED (2019) 36 Cal.App.5th 715 (G051787) a jury convicted Toledano of conspiracy to commit extortion and attempted extortion. The Court of Appeal reversed the judgment because the trial court prejudicially erred by not instructing the jury on Toledano’s affirmative defense that his actions were protected under the litigation privilege.   The […]


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Possession of Child Pornography (PC 311.11): Actual Photos Need Not Be Produced
November 24th, 2019

A violation of Penal Code Section 311.11 may be proved by testimony only; i.e., the actual photos need not be produced. People v. Mendoza (2015) 240 Cal.App.4th 72.


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Instructions Must Not Interfere With Jurors’ Ability to Consider Their Personal Religious, Philosophical, and Secular Normative Values During Penalty Deliberation
November 17th, 2019

During the penalty instructions in People v. Gomez (Ruben P.) (2018) 6 Cal.5th 243 the judge said that jurors “are sometime tempted in this phase of the case to refer to biblical references.  Don’t bring the Bible and, don’t refer to those.” The CSC concluded that it is not improper for jurors to consider their […]


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