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SERIES 900 ASSAULTIVE AND BATTERY CRIMES

F 969 Permitting Someone To Shoot From Vehicle (PC 12034(b))

TABLE OF CONTENTS
F 969.1 Titles And Identification Of Parties
F 969.1 Inst 1 Permitting Someone To Shoot From Vehicle—Title
F 969.1 Inst 2 Identification Of Prosecution And Defendant

F 969.2 Permitting Someone To Shoot From Vehicle—Tailoring To Facts: Persons, Places, Things And Theories
F 969.2 Inst 1 Permitting Someone To Shoot From Vehicle: Tailoring To Facts

F 969.3 Permitting Someone To Shoot From Vehicle—Language That Is Argumentative, Confusing, Etc.
F 969.3 Inst 1 Deletion Of Argumentative And Duplicative Language
F 969.3 Inst 2 Specification Of Cross-Referenced Instruction

F 969.4 Permitting Someone To Shoot From Vehicle—Burden Of Proof Issues
F 969.4 Inst 1 Relating Prosecution Burden To Enumerated Elements

F 969.5 Permitting Someone To Shoot From Vehicle—Elements And Definitions [Reserved]

F 969.6 Permitting Someone To Shoot From Vehicle—Defense Theories [Reserved] F 969.7 Permitting Someone To Shoot From Vehicle—Preliminary Fact Issues [Reserved]

F 969.8 Permitting Someone To Shoot From Vehicle—Unanimity/Duplicity/Multiplicity [Reserved]

F 969.9 Permitting Someone To Shoot From Vehicle—Lesser Offense Issues [Reserved]

F 969 NOTES
F 969 Note 1 Permitting Someone To Shoot From Vehicle—CALCRIM Cross-References And Research Notes

Return to Series 900 Table of Contents.


F 969.1 Titles And Identification Of Parties

F 969.1 Inst 1 Permitting Someone To Shoot From Vehicle—Title

See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.


F 969.1 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 969.2 Permitting Someone To Shoot From Vehicle—Tailoring To Facts: Persons, Places, Things And Theories

F 969.2 Inst 1 Permitting Someone To Shoot From Vehicle: Tailoring To Facts

*Modify CC 969, Elements 1-4, as follows [added language is underlined; deleted language is stricken]:

1. The defendant was the (driver/ [or] owner) of a the following vehicle ___________ <describe vehicle>;

2. The defendant permitted someone ___________ <name of person who shot> to shoot a firearm from the that vehicle;

3. The defendant knew that (he/she) was permitting someone ___________ <name of person who shot> to shoot a firearm from the vehicle;

AND

4. The other person ___________ <name of person who shot> shot the firearm from the vehicle.

Points and Authorities

See FORECITE F 400.2 Inst 1.


F 969.3 Permitting Someone To Shoot From Vehicle—Language That Is Argumentative, Confusing, Etc.

F 969.3 Inst 1 Deletion Of Argumentative And Duplicative Language

*Modify CC 969, paragraph 3, as follows [deleted language is stricken]:

[A vehicle owner who permits someone else to shoot a firearm from the vehicle is guilty even if the owner is not in the vehicle when the shooting happens.]

Points and Authorities

See FORECITE F 416.3 Inst 4.


F 969.3 Inst 2 Specification Of Cross-Referenced Instruction

*Modify CC 969, paragraph 6, as follows [added language is underlined; deleted language is stricken]:

[The term[s] (firearm/ ____________ <insert other term>) (is/are) defined in another Instruction _______ to which you should refer must apply to this instruction.]

Points and Authorities

See FORECITE F 524.3 Inst 2.


F 969.4 Permitting Someone To Shoot From Vehicle—Burden Of Proof Issues

F 969.4 Inst 1 Relating Prosecution Burden To Enumerated Elements

See FORECITE F 400.4 Inst 1.


F 969.5 Permitting Someone To Shoot From Vehicle—Elements And Definitions[Reserved]


F 969.6 Permitting Someone To Shoot From Vehicle—Defense Theories[Reserved]


F 969.7 Permitting Someone To Shoot From Vehicle—Preliminary Fact Issues[Reserved]


F 969.8 Permitting Someone To Shoot From Vehicle—Unanimity/Duplicity/Multiplicity [Reserved]


F 969.9 Permitting Someone To Shoot From Vehicle—Lesser Offense Issues[Reserved]


F 969 NOTES

F 969 Note 1 Permitting Someone To Shoot From Vehicle—CALCRIM Cross-References And Research Notes

CALCRIM Cross-References:

CALCRIM 965 [Shooting At Inhabited House Or Occupied Motor Vehicle]
CALCRIM 966 [Shooting At Uninhabited House Or Unoccupied Motor Vehicle]
CALCRIM 967 [Shooting At Unoccupied Aircraft]
CALCRIM 968 [Shooting From Motor Vehicle]
CALCRIM 970 [Shooting Firearm In Grossly Negligent Manner]

Research Notes:

See CLARAWEB Forum, Assaultive And Battery Crimes—Series 800-900.

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