SERIES 1700 BURGLARY AND RECEIVING STOLEN PROPERTY
F 1750.1 Titles And Identification Of Parties
F 1750.2 Receiving Stolen Property—Tailoring To Facts: Persons, Places, Things And Theories
F 1750.3 Receiving Stolen Property—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 1750.4 Receiving Stolen Property—Burden Of Proof Issues
F 1750.5 Receiving Stolen Property—Elements And Definitions
TABLE OF CONTENTS
F 1750.1 Titles And Identification Of Parties
F 1750.1 Inst 1 Receiving Stolen Property—Title
F 1750.1 Inst 2 Identification Of Prosecution And Defendant
F 1750.2 Receiving Stolen Property—Tailoring To Facts: Persons, Places, Things And Theories
F 1750.2 Inst 1 Receiving Stolen Property: Tailoring To Facts; Specification Of Property”
F 1750.2 Inst 2 Receiving Stolen Property: Extortion—Tailoring To Facts—Specify Alleged Victim, Include Definition Of Extortion In Elements
F 1750.3 Receiving Stolen Property—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 1750.4 Receiving Stolen Property—Burden Of Proof Issues
F 1750.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 1750.5 Receiving Stolen Property—Elements And Definitions
F 1750.5 Inst 1 Receiving Stolen Property: Separate Enumeration Of Combined Elements; Tailoring To Facts
F 1750.5 Inst 2 Receiving Stolen Property: Separate Enumeration Of Receiving Requirements In Elements
F 1750.5 Inst 3 Receiving Stolen Property: Stolen Property—Tailoring To Facts—Specify Theory And Facts Of Larceny; Include Definition Of Stolen In Elements
F 1750.5 Inst 4 Receiving Stolen Property: Possession Issues And Instructions
Return to Series 1700 Table of Contents.
F 1750.1 Titles And Identification Of Parties
F 1750.1 Inst 1 Receiving Stolen Property—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 1750.1 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 1750.2Receiving Stolen Property—Tailoring To Facts: Persons, Places, Things And Theories
F 1750.2 Inst 1 Receiving Stolen Property: Tailoring To Facts; Specification Of Property
*Modify CC 1750 as follows [added language is underlined; deleted language is stricken]:
[Change “property” to “_______________ <specification or description of property>“]
Points and Authorities
See FORECITE F 400.2 Inst 1.
F 1750.2 Inst 2 Receiving Stolen Property: Extortion—Tailoring To Facts—Specify Alleged Victim, Include Definition Of Extortion In Elements
*Add to Element 1, as follows:
To prove the property was obtained by extortion, the prosecution must prove beyond a reasonable doubt that:
A. The property was obtained from another person _______________ <name of alleged victim> with that person’s _______________’s <name of alleged victim> consent, and (2) that person’s
AND
B. _______________’s <name of alleged victim> consent was obtained through the use of force or fear.]
Points and Authorities
Specification Of Alleged Victim—See FORECITE F 820.2 Inst 1.
Include Definition In Elements—See FORECITE F 417.5 Inst 2.
F 1750.3 Receiving Stolen Property—Language That Is Argumentative, Confusing, Etc.[Reserved]
F 1750.4 Receiving Stolen Property—Burden Of Proof Issues
F 1750.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 1750.5 Receiving Stolen Property—Elements And Definitions
F 1750.5 Inst 1 Receiving Stolen Property: Separate Enumeration Of Combined Elements; Tailoring To Facts
*Modify CC 1750, Element 1, as follows [added language is underlined; deleted language is stricken]:
1. The defendant (bought/received/sold/aided in selling/concealed or withheld from its owner/aided in concealing or withholding from its owner) property _______________ <specification or description of property>;that
AND
2. The _______________ <specification or description of property> had been (stolen/obtained by extortion);*
[Renumber remaining elements.]
*But see FORECITE F 1750.2 Inst 2 [include definition (stolen/obtained by extortion) in Elements].
Points and Authorities
Tailor To Facts—See FORECITE F 400.2 Inst 1.
Separate Enumeration—See FORECITE F 3500.2 Inst 2.
F 1750.5 Inst 2 Receiving Stolen Property: Separate Enumeration Of Receiving Requirements In Elements
*Add to Element 1, as follows:
To prove the defendant received the _______________ <specification or description of property>, the prosecution must prove beyond a reasonable doubt that the defendant:
A. Took possession of it;
AND
B. Controlled it.
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
Separate Enumeration Of Compound Elements—CALCRIM 1750, paragraph 5, defines receiving in terms of both possessing and controlling the property. (See e.g., People v. Land (1994) 30 CA4th 220, 223-24.) Hence, the jurors should be expressly required to find both of these discr
