Claim of Right: Lack of Concealment
December 20th, 2014

Caveat: Intent to permanently deprive the owner of the property taken is an essential element of larceny. (See CC 1600.) Accordingly, the jury cannot convict, if in light of all the evidence, including the defendant’s alleged claim of right, the intent to permanently deprive element has not been proven beyond a reasonable doubt. People v. […]


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Vandalism
December 10th, 2014

  People v. Carrasco (2013) 209 Cal. App. 4th 715, 722-723, upheld this instruction.


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Threatening A Public Official: Intent To Carry Out the Threat
December 1st, 2014

  People v. Barrios (2008) 163 Cal. App. 4th 270, upheld this instruction, rejecting an argument that improperly stated the law. The defendant argued that CC 2650 was incorrect because “it tells the jury that the defendant need not have the intent to carry out the threat, only the intent that the statement be taken […]


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Lawful Performance: Custodial Officer- -Use Of “Reasonable” Force
November 30th, 2014

    People v. Gutierrez (2009) 174 Cal. App. 4th 515, identified the following problem with CC 2671:   Read literally, [CC 2671] authorizes a custodial officer to use reasonable force in four situations- -“to restrain a person, to overcome resistance, to prevent escape, or in self-defense”- -but erroneously limits to the first situation alone […]


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Resisting Executive Officer
November 20th, 2014

    PC 69 sets forth two separate ways in which the offense of resisting an executive officer may be committed: (1) by attempting to prevent an executive officer from performing his duty by use of threats or violence; and (2) by resisting by use of force or violence an officer in the performance of […]


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Manufacturing Chemical That Is Not Controlled Substance: Limited To Methamphetamine
October 1st, 2014

  People v. Bergen (2008) 166 Cal.App. 4th 161, observed that language in CC 2330 stating that an element of manufacturing under H&S § 11379.6(a) is that the “defendant engaged in the synthesis, processing, or preparation of a chemical that is not itself a controlled substance” is only appropriate in prosecutions for manufacturing methamphetamine.   […]


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Transporting Marijuana: Compassionate Use Act (CUA) Defense
September 30th, 2014

  CC 2361 sets forth criteria that must be satisfied for the defense to apply, including whether “the method, timing and distance of the transportation were reasonably related to the patient’s current medical needs. These criteria are derived from a test developed by the Court of Appeal in People v. Trippet (1997) 56 Cal. App. […]


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Reckless Driving: Specified Injury Enhancement Instruction By CC Committee
August 20th, 2014

  The CC Committee explained the addition of CC 3223 in August 2013: “The committee convened a working group consisting of a law professor and two trial judges to determine appropriate new instructions to add to CC. Although CC already has a misdemeanor reckless driving instruction, [CC 2200], working group members concluded from both personal […]


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CC 1400 and 1401 Cases Interpreting Gang Instruction
August 10th, 2014

  People v. Salcido (2007) 149 Cal. App. 4th 356, 369, noted a flaw in CC 1400, which prompted a modification of the instruction by the CC Committee. People v. Martinez (2008) 158 Cal. App. 4th 1324, approved the unmodified version of CC 1400.   People v. Williams (2009) 170 Cal. App. 4th 587, rejected […]


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Gangs: CC 1400 Revised In Light Of People v. Rodriguez (2012) 55 Cal. 4th 1125
August 10th, 2014

  CC 1400 is used to explain to the jury the crime of active participation in a criminal street gang under PC 186.22(a).   CC 1400, along with the related instructions in CC 1401 and 2542, were revised in August, 2013, due to the California Supreme Court’s opinion in People v. Rodriguez (2012) 55 Cal. […]


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