SERIES 500 HOMICIDE
F 562 Transferred Intent
TABLE OF CONTENTS
F 562.1 Titles And Identification Of Parties
F 562.1 Inst 1 Transferred Intent—Title
F 562.1 Inst 2 Identification Of Prosecution And Defendant
F 562.2 Transferred Intent—Tailoring To Facts: Persons, Places, Things And Theories
F 562.2 Inst 1 Tailored To Facts
F 562.2 Inst 2 Transferred Intent—Transferred Self-Defense And Other Defenses
F 562 NOTES
F 562 Note 1 Transferred Intent—CALCRIM Cross References And Research Notes
F 562 Note 2 Assault: Transferred Intent Inapplicable
F 562 Note 3 Transferred Intent: GBI Enhancement Distinguished
Return to Series 500 Table of Contents.
F 562.1 Titles And Identification Of Parties
F 562.1 Inst 1 Transferred Intent—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 562.1 Inst 2 Identification Of Prosecution And Defendant
See generally FORECITE F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.
F 562.2 Transferred Intent—Tailoring To Facts: Persons, Places, Things And Theories
F 562.2 Inst 1 Tailored To Facts
*Modify CC 562 “A” as follows [added language is underlined; deleted language is stricken]:
[If the defendant intended to kill one person ______________<name of person intended to be killed>, but by mistake or accident killed someone else ________________ <name of decedent> instead, then the crime, if any, is the same as if the intended person ______________<name of person intended to be killed> had been killed.]
*Modify CC 562 “B” as follows [added language is underlined; deleted language is stricken]:
[If the defendant intended to kill one person ______________<name of person intended to be killed>, but by mistake or accident also killed someone else ________________ <name of decedent>, then the crime, if any, is the same for the unintended killing as it is for the intended killing.]
Points and Authorities
Necessity Of Tailoring To Facts—See FORECITE F 400.2 Inst 1.
Use Of The Term “Defendant”—The defense requests that the defendant be referred to by name throughout this trial and in the jury instructions. [See CALCRIM Motion Bank # CCM-005.] By using the term “defendant” in this instructional request, the defense does not withdraw the request.
F 562.2 Inst 2 Transferred Intent—Transferred Self-Defense And Other Defenses
*Add to CC 562:
Any defenses that apply to the intended killing apply to the unintended killing as well. Thus, the prosecution must prove beyond a reasonable doubt that the defendant did not act [in [complete] [or] [imperfect] self-defense] [or] ______________ <insert other applicable defense>] as to ________________ <name of intended victim>. Any juror who is not sure beyond a reasonable doubt that the prosecution has met this burden must vote not guilty.
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request. [See CALCRIM Motion Bank # CCM-001.]
Sentence 1 Re—Transferred Defenses— See CALCRIM 562, Bench Notes [citing People v. Mathews (79) 91 CA3d 1018, 1024].)
Sentence 2 Re—Prosecution Burden—See CALCRIM 505; see also FORECITE F 100.1 Inst 1.
Sentence 2 Re—Individual Juror Format—See FORECITE F 100.7 Inst 2.
No Reference To “The People”—The defendant objects to use of the term “the People” in this instruction and throughout this trial. [See FORECITE F 100.2 Note 1; CALCRIM Motion Bank # CCM-006.]
Use Of The Term “Defendant”—The defense requests that the defendant be referred to by name throughout this trial and in the jury instructions. [See CALCRIM Motion Bank # CCM-005.] By using the term “defendant” in this instructional request, the defense does not withdraw the request.
WARNING! Federal constitutional claims may be lost without proper federalization.—To preserve federal claims, counsel should add the applicable constitutional provisions and authority to the above points and authorities and explain how those provisions will be violated under the circumstances of this case. Potential constitutional grounds for this request include, but are not limited to:
FORECITE CG 2.2 [Burden Of Proof: Elements And Essential Facts]
FORECITE CG 4.1 [Right To Instruct The Jurors On Defense Theories]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
F 562 Notes
F 562 Note 1 Transferred Intent—CALCRIM Cross-References And Research Notes
CALCRIM Cross-References:
CALCRIM 506B 511 [Justifiable And Excusable Homicides]
CALCRIM 3470B 3477 [Defense Instructions: Defense of Self, Another, Property]
CALCRIM 571 [Voluntary Manslaughter: Imperfect Self-Defense—Lesser Included Offense]
Research Notes:
See CLARAWEB Forum, Homicide—Series 500-700.
F 562 Note 2 Assault: Transferred Intent Inapplicable
People v. Lee (1994) 28 CA4th 1724, 1737 held that the doctrine of transferred intent does not apply to assault because there is no specific intent to transfer. (See also People v. Lee DEPUBLISHED (1993) 18 CA4th 913, 917.)
[Research Note: See FORECITE BIBLIO 8.65.]
CALJIC NOTE: See FORECITE F 8.65 n3.
F 562 Note 3 Transferred Intent: GBI Enhancement Distinguished
A GBI enhancement (PC 12022.7) may be found even though a person other than the intended victim is injured. (Calderon, 232 CA3d at 937.) However, this result is founded upon the statutory language, not transferred intent. (Ibid.)
[Research Note: See FORECITE BIBLIO 8.65.]
CALJIC NOTE: See FORECITE F 8.65 n2.
