The following proposed revisions – which were published via an invitation to comment (May 22- June 22, 218) are scheduled to be adopted on September 20, 2018. See http://www.courts.ca.gov/documents/CALCRIM-2018-01.pdf
|
Instruction Number
|
Instruction Title
|
| 580 |
Involuntary Manslaughter |
| 800 |
Aggravated Mayhem |
| 1520 |
Attempted Arson |
| 1600 |
Robbery |
| 1820 |
Unlawful Taking or Driving of Vehicle |
| 2181 |
Evading Peace Officer: Reckless Driving |
| 2350, 2351, 2361,
2363 |
Marijuana instructions related to H&S 11360 |
| NEW 2364 |
Felony Penalty Allegations for H&S 11360 offenses |
| 2352 |
Possession of Marijuana for Sale (H&S 11359) |
| 2370 |
Marijuana Cultivation (H&S 11358) |
| 2375 & 2376 |
Simple Possession (H&S 11357) |
| NEW 3415 |
Lawful Use Defense (H&S 11362.1) |
| 2330, 2384, 2390,
2391, 2392, 2393,
2410, 2748, 3403,
3406, 3412, 3413 |
Marijuana Cannabis: nomenclature and clerical changes only |
| DELETED:
2360, 2362, 2377 |
Infractions after Prop 64 |
| 3550 |
Pre-Deliberation Instructions |
CC 580 Inherently Dangerous Assaultive Felonies
To be added to citations:
People v. Bryant (2013) 56 Cal.4th 959, 964; People v. Brothers (2015) 236 Cal.App.4th 24, 33-34.
CC 800: Delete LIO reference
Battery with Serious Bodily Injury PC § 243(d); People v. Ausbie
(2004) 123 Cal.App.4th 855
CC 1520 Attempted Arson
To be added to citations:
People v. Rubino (2017) 18 Cal.App.5th 407.
CC 1600 Robbery
To be added to citations:
People v. Mullins (2018) 19 Cal.App.5th 594, 603 re: constructive possession of funds in victim’s bank account.
CC 1820 Unlawful Taking or Driving Vehicle
To be added to citations:
People v. Page (2017) 3C5th 1175, 1183-87 re vehicle value must exceed $950.
CC 2181 Evading Police Officer
To be deleted:
Wanton disregard element.
CC 2320, CC 2350, CC 2351, CC 2352, CC 2360, CC 2363, CC 2370, CC 2375, CC 2376, CC 2384, CC 2390, CC 2391, CC 2392, CC 2393, CC 2410, CC 2748, CC 3403, CC 3406, CC 3412, CC 3413
Language to be changed, inter alia:
“marijuana” to “cannabis”
CC 2364 New:
Felony Cannabis Allegations (H & S section 11360(a)(3)
CC 3415 New:
Lawful Use Defense (H&S 11362.1)
CC 3550 Language to be added re: issues from separate trials:
[Sometimes issues are tried in separate trials. The only issue in this trial is whether the People have proved the charge[s] of <insert description of charge[s]> [in Count[s] _ _]. Do not speculate about whether the defendant was already found guilty for (his/her) conduct or may be found guilty in the future in another trial. Do not consider any potential punishment.]
To Be Deleted:
CC 2360 Transportation of Marijuana (less than 28.5 grams)
CC 2362 Offering to Transport Marijuana (less than 28.5 grams)
CC 2377 Simple Possession of Concentrated Cannabis
