CALCRIM Instruction on Adoptive Admissions Not Required Sua Sponte
March 28th, 2020

The trial court was not under a sua sponte duty to give the jury adoptive admission instructions (CALJIC 2.71.5 or CALCRIM 357).  The jury was given the standard instruction on admissions in general (CALJIC 2.71; see also CALCRIM 358).  When paired with court’s oral admonitions that the recorded statement was “only to be considered” with respect to defendant’s “state of mind or to the extent that he adopted these things,” the standard written instruction given at trial was sufficient for the jury to understand its role.


People v. Mendez (Julian) (2019) 7 Cal.5th 680 (July 1, 2019)

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