Reasonable Doubt: Sua Sponte Duty
May 20th, 2014
The court has a sua sponte duty to give this instruction and there is probably no more important instruction that must be given. Failure to give a proper reasonable doubt instruction sua sponte may require automatic reversal. (People v. Phillips (1997) 59 Cal. App. 4th 952, 955-956, disapproved on other grounds by People v. […]
Tags: Beyond A Reasonable Doubt, Burden Of Proof, CC 103, Judge Duty to Instruct, Sua Sponte
Witness Credibility: Relevance Of Inadvertent Mistake
May 10th, 2014
Defense counsel have tried to have courts modify this instruction to have the last paragraph read: “If you decide that a witness deliberately lied or inaccurately testified about something significant in this case. . .or, if you think the witness lied or inaccurately testified about some things. . ..” However, this modification has been […]
Tags: CC 226, Evidence and Witnesses
Juror Unanimity/Duplicity: Receiving Stolen Property
May 1st, 2014
People v. Mitchell (2008) 164 Cal. App. 4th 442, affirmed a defendant’s conviction of multiple counts of receiving stolen property where the trial court had used CC 1750. The defendant complained on appeal that the trial court had incorrectly rejected a proposed defense instruction on unanimity and instead added a unanimity instruction which could […]
Tags: CC 1750, Jury Unanimity (Duplicity), Receiving Stolen Property
Propensity Instruction: Due Process Challenge
May 1st, 2014
People v. Villatoro (2012) 54 Cal. 4th 1152, upheld a modified CC 1191 instruction, which stated that all offenses must be proven beyond a reasonable doubt. This instruction did not violate defendant’s due process rights or impermissibly lower the standard of proof even though it did not specifically address the standard of proof to […]
Tags: CC 1191, Due Process, Uncharged Acts and Offenses
No Causation Instruction In Single Perpetrator Felony Murder Case
May 1st, 2014
The causation instruction in CC 240 should not be used in single-perpetrator felony murder cases. CC 730 correctly specifies that felony murder encompasses a far wider range of individual culpability than other murders. (People v. Huynh (2012) 212 Cal. App. 4th 285, 310-311.)
Tags: CC 240, CC 730, Felony Murder
Jurors Must Be Admonished At Every Adjournment
May 1st, 2014
When it revised CC 124 in August of 2012, the CC Committee stated, “Penal Code section 1122(a)(1), and Code of Civil Procedure section 1209(a)(6), now require the court to admonish jurors before each adjournment, not to use electronic or wireless communication.” Therefore the committee added such an admonition to CC 124. (Advisory Committee on Criminal […]
Tags: CC 124, Judge Duty to Instruct, Sua Sponte
Grand Theft Not An LIO Of Embezzlement
April 30th, 2014
People v. Nazary (2011) 191 Cal. App. 4th 727, held that grand larceny by an employee as defined in CC 1800 is not a lesser included offense of embezzlement. The opinion also makes clear that an employee may be convicted of both grand theft by employee as defined in CC 1800 and embezzlement as […]
Tags: CC 1800, CC 1806, Embezzlement, Grand Theft, Lesser Included Offenses
CC 1800 Theft Instruction Applies Only When Property Is Physically Taken
April 30th, 2014
As People v. Beaver (2010) 186 Cal. App. 4th 107, 122, explained: “This instruction applies to situations where a defendant physically takes property from another’s actual or constructive possession.” Thus CC 1800 does not apply where the victim merely gave the property to the defendant under false pretenses
Tags: CC 1800, Theft, Theft by False Pretenses
Continuous Sexual Abuse
April 30th, 2014
CC 1120 is the correct instruction to give for the offense of continuous sexual abuse of a child under the age of 14 years. (People v. Sigala (2011)191 Cal App. 4th 695.)
Tags: CC 1111, Lewd and Lascivious, Sex Crimes
Penetration Not Required
April 30th, 2014
See People v. Dement (2011) 53 Cal. 4th 1, 42.
Tags: CC 1015, CC 1022, Oral Copulation, Sex Crimes
