Gun Enhancement: Pinpoint Instruction where Defendant is not Present when Gun and Drugs are Discovered
November 6th, 2015

CC 3131 (Related Issues)  suggests the use of a pinpoint instruction in the situation where the underlying felony is possession of narcotics and the defendant is not present at the time the drugs and firearm are recovered. The instruction is very similar to CJ 17.16.2, the CJ pinpoint instruction on this issue and closely tracks People V. Bland (1995) 30 Cal. 4th 991. In a case involving CC 2303 where the defendant is not present when the drugs and gun are found, the court could also instruct the jury with the pinpoint instruction suggested in CC 3131.

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