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F 16.115 n1 Escape Following Remand Or Arrest (PC 836.6(a),(b)): ISSUE ALERT.
Former CJ 16.115 improperly directed a verdict on an element of the charge by instructing that “A _____ is a peace officer.” The July 1997 version deleted the erroneous language. However, conviction under the old instruction may be subject to challenge. (See FORECITE F 8.81.19a.) Moreover, there are still other CALJIC instructions which contain similar language (i.e., CJ 8.81.4, CJ 8.81.7, CJ 8.81.19, CJ 8.81.20 and CJ 16.251). (See FORECITE F 8.81.19a.)
Escape Following Remand Or Arrest: “Should Know”
Standard Requires Consideration Of A Reasonable Person In Defendant’s Position
ALERT: CJ 16.115 was deleted in the 6th Edition.
*Add to CJ 16.115:
[See FORECITE F 7.32a.]