Return to CALJIC Part 14-17 – Contents
F 17.16 n1 Standard Of Prejudice For Failure To Instruct Upon Personal Use (PC 12022(b)).
[See FORECITE EA V(L).]
F 17.16 n2 Improper To Refer To The Prosecution as “The People.”
Reference to the prosecution as “The People” may implicate the defendant’s state and federal constitutional rights to due process and fair trial by jury. (See FORECITE F 0.50d.) Any reference to “The People” should be changed to “The Prosecution.”
Determination Of Deadly Weapon: Two-Pronged Jury Finding Required
*Add to CJ 17.16:
[See FORECITE F 9.02a.]
F 17.16b Weapon Use: Nexus Requirement.
There is no sua sponte duty to instruct, beyond the provisions of CJ17.15, that there must be a facilitative nexus between the possession of illegal drugs and a firearm, or that, if defendant’s testimony was credited, the proximity of the gun to the drugs was accidental and coincidental and had no purpose or effect as to the drug offenses. (People v. Pitto (2008) 43 C4th 228, 240.)
Modification When Crime Involves Fetal Victim
*Modify CJ 17.16 in paragraphs which include “human being(s)” as follows:
(See FORECITE 5.00b.)