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F 4.012a
Improper Venue
(Locus Delicti)
Venue or locus delicti is the statutory concept of a right to be tried in the county in which the crime was committed. (PC 777; People v. Sering (91) 232 CA3d 677, 684 [283 CR 507].) The California Supreme Court has ruled that venue should no longer be a question of fact for the jury and disapproved or overruled all California cases to the extent they were contrary with that conclusion. (People v. Posey (2004) 32 C4th 193, 20001.)
PRACTICE NOTE: A defendant forfeits a claim of improper venue when he or she fails specifically to raise such an objection prior to the commencement of trial. (People v. Posey (2004) 32 C4th 193, 200.) However, the Poseyrequirements apply only prospectively. (Posey, 32 C4th at 200.)
NOTES
Preponderance of evidence is defined by CJ 2.50.2.
Vicinage As Distinguished From Venue: The constitutional right of vicinage is a geographic requirement. (Hernandez v. Municipal Court (89) 49 C3d 713, 716, fn 1 [263 CR 513].) It is the right of a criminal defendant to be tried by a jury from the area in which the crime occurred. (Ibid; Art. I, § 16.) Hence, venue and vicinage are separate concepts. (See People v. Martin (95) 38 CA4th 883 [45 CR2d 502].)
Vicinage Not Guaranteed By The Federal Constitution: See People v. Ochoa (2001) 26 C4th 398, 426 [110 CR2d 324] [6th Amendment right to vicinage not applicable to states because it was not incorporated by the 14th Amendment]; see also Price v. Superior Court (2001) 25 C4th 1046, 1065 [108CR2d 409].)
(See also FORECITE F 6.40 n4 [Accessory After The Fact: Locus Delicti].)
RESEARCH NOTES
See Annotation, Necessity of proving venue or territorial jurisdiction of criminal offense beyond reasonable doubt, 67 ALR3d 988 and Later Case Service.
Failure To Instruct The Jury On Venue, When Requested, Constitutes Reversible Error, Notwithstanding Venue Subsumed By A Guilty Verdict [United States v. Miller, 111 F3d 747 (10th Cir. 1997)], Scott A. Liljegren 37 Washburn L.J. 439, Winter 1998.