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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

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