Return to CALJIC Part 9-12 – Contents
F 9.35.01 n1 Appellate Issue Alert: Pre-1997 Version.
The pre-1997 version of CJ 9.35.01 failed to limit the use of PC 273.55 priors. (See CALJIC History CJ 9.35.01.)
F 9.35.01 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.”
F 9.35.01 n3 Change In Statutory Reference.
Effective 1/1/2000, PC 273.55 was repealed and PC 273.5(e) was amended to incorporated the provisions of former PC 273.55 concerning multiple convictions for domestic violence. (Stats. 1999, SB 218, ch. 662.)
Spouse Or Cohabitant Beating: Must Be Willful And Unlawful
(PC 273.5/273.5(e)(1), (2))
*Add to CJ 9.35, 2nd paragraph, as follows [added language is capitalized; deleted language is between << >>]:
Every person who willfully [AND UNLAWFULLY] inflicts upon a person who is [[his] [her] [former] spouse] [a [former] cohabitant], [the [mother] [or] [father] of [his] [her] child], corporal injury resulting in a traumatic condition is guilty of a violation of Penal Code section 273.5, a crime.
Points and Authorities
(See FORECITE F 9.35d.)