POCKET PART REVIEW: JANUARY 2000 POCKET PART
COMPENDIUM OF CALJIC REVISIONS IN THE 6TH EDITION
THE FOLLOWING INSTRUCTIONS HAD NO SUBSTANTIVE CHANGES:
CJ 7.62 CJ 9.52 CJ 15.08
CJ 7.78 CJ 10.40.2 CJ 16.013
CJ 7.90 CJ 15.01
CJ 7.96 CJ 15.07
CJ 3.02 PRINCIPALS–LIABILITY FOR NATURAL AND PROBABLE CONSEQUENCES
INSTRUCTION REVISION: Deleted paragraph 7 and add new paragraph 7, defining natural and probable consequences.
COMMENT REVISION: Added comment regarding new paragraph 7 and reference to dissenting opinion of Justice Brown in People v. Prettyman (96) 14 C4th 248, 291-92 [58 CR2d 827].
CJ 4.02 INSANITY RESULTING FROM INTOXICATION, DRUGS OR NARCOTICS
INSTRUCTION REVISION: Modified as follows [added language is capitalized; deleted language is between << >>:]
A person is legally insane if, by reason of mental disease or mental defect, either temporary or permanent, caused IN PART by the long continued use of [alcohol] [drugs] [narcotics], even after the effects of recent use of [alcohol] [drugs] [narcotics] have worn off, [he] [she] was incapable at the time of the commission of the crime of either: …
Added fifth paragraph regarding addiction to or abuse of intoxicating substances.
USE NOTE REVISION: Added Use Note regarding addiction to or abuse of intoxicating substances.
COMMENT REVISION: Added Comment with reference to People v. Robinson (99) 72 CA4th 421, 424-28 [84 CR2d 832].
CJ 7.33 NEW INSTRUCTION — “INCITEMENT TO RIOT IN PRISON/JAIL (PC 404.6(c))”
CJ 7.34.01 NEW INSTRUCTION — “BRINGING OR SENDING FIREARMS, DEADLY WEAPONS OR EXPLOSIVES INTO PRISON/JAIL/ETC. (PC 4574(a))”
CJ 7.34.02 NEW INSTRUCTION — “JAIL PRISONER IN POSSESSION OF FIREARM, DEADLY WEAPON OR EXPLOSIVE (PC 4574(a))”
CJ 8.85 PENALTY TRIAL–FACTORS FOR CONSIDERATION
INSTRUCTION REVISION: Added last two sentences to Factor K regarding sympathy for, and impact on, defendant’s family.
COMMENT REVISION: Added reference to People v. Ochoa (98) 19 C4th 353, 456 [79 CR2d 408].
CJ 8.93.5 VEHICULAR MANSLAUGHTER–DEATH RESULTING FROM ACCIDENT OR COLLISION STAGED FOR FINANCIAL GAIN (PC 192(c)(4))
INSTRUCTION REVISION: Modified Element 2 by deleting bracket after “conspired with.”
COMMENT REVISION: Added comment regarding typographical error.
CJ 9.35 SPOUSE OR COHABITANT BEATING (PC 273.5(a))
INSTRUCTION REVISION: Added reference to subdivision (a) in title and instruction.
USE NOTE REVISION: Added reference to People v. Thurston (99) 71 CA4th 1050 [84 CR2d 221].
CJ 12.09.1 MANUFACTURING OR OFFERING TO MANUFACTURE A CONTROLLED SUBSTANCE (HS 11379.6 (a) and (b))
INSTRUCTION REVISION: Modified Elements One and Two as follows [added language is capitalized; deleted language is between << >>:]
1. A person [___(manufactured etc.)___] [offered to [___(manufactured etc.)___] either directly or indirectly, by means of chemical extraction, or independently by means of chemical synthesis <<;>> A CONTROLLED SUBSTANCE, NAMELY _____________; [AND]
2. <<A controlled substance, namely ____________ THAT PERSON KNEW THAT THE SUBSTANCE [TO BE] PRODUCED HAD THE CHARACTER OF A CONTROLLED SUBSTANCE[.][; AND]
COMMENT REVISION: Added reference to People v. Coria (99) 21 C4th 868 [89 CR2d 650].
CJ 16.140.1 BATTERY AGAINST FORMER SPOUSE, ETC. (PC 243(e)(1))
COMMENT REVISION: Added comment concerning use of the term “non-cohabitating” after January 1, 1999.
CJ 16.420 PROSTITUTION (PC 647(b))
INSTRUCTION REVISION: Added last sentence to fifth Paragraph regarding timing of the act.
COMMENT REVISION: Added reference to In re Cheri T. (99) 70 CA4th 1400, 1405-08 [83 CR2d 397] and People v. Davis (88) 201 CA3d Supp 1, 4 [247 CR 359].
CJ 16.480 STALKING (PC 646.9(a))
INSTRUCTION REVISION: Added sixth paragraph, regarding intent to carry out the threat, which was omitted from the 1999 Revision.
COMMENT REVISION: Added Comment regarding above omission.
CJ 16.830 MISDEMEANOR DRIVING UNDER THE INFLUENCE (VC 23152(a)(c))
INSTRUCTION REVISION: Added Elements One and Two.
USE NOTE REVISION: Added Use Note concerning added Elements conforming to CALJIC format.
CJ 17.19 PERSONAL USE OF FIREARM (PC 667.5(c)(8), PC 1203.06(a)(1), PC 12022.5(a), PC 12022.53(b))
INSTRUCTION REVISION: Changed statutory references in title to include PC 12022.53(b).
USE NOTE REVISION: Added use note regarding adaptation for use when PC 12022.53(b) enhancements are alleged.
CJ 17.19.1 PERSONAL USE OF FIREARM OR DEADLY WEAPON–SEX CRIMES (PC 12022.3(a), (b), PC 12022.53(b))
INSTRUCTION REVISION: Changed statutory references in title to include PC 12022.53(b).
USE NOTE REVISION: Added use note regarding adaptation for use when PC 12022.53(b) enhancements are alleged.
CJ 17.19.5 NEW INSTRUCTION — “INTENTIONAL AND PERSONAL DISCHARGE OF FIREARM/GREAT BODILY INJURY (PC 12022.53(c),(d))”))