SERIES 2200 VEHICLE OFFENSES
F 2240 Failure To Appear (VC 40508(a))
TABLE OF CONTENTS
F 2240.1 Titles And Identification Of Parties
F 2240.1 Inst 1 Failure To Appear—Title
F 2240.1 Inst 2 Identification Of Prosecution And Defendant
F 2240.2 Failure To Appear—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 2240.3 Failure To Appear—Language That Is Argumentative, Confusing, Etc.
F 2240.3 Inst 1 Willfully: Argumentative
F 2240.3 Inst 2 Delete Argumentative Language
F 2240.4 Failure To Appear—Burden Of Proof Issues
F 2240.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 2240.5 Failure To Appear—Elements And Definitions
F 2240.5 Inst 1 Willfully: Separate Enumeration
F 2240.5 Inst 2 Willfully: Knowledge
F 2240.6 Failure To Appear—Defense Theories
F 2240.6 Inst 1 Argumentative Language Should Be Balanced To Assure Jurors Consider All Relevant Evidence
F 2240.7 Failure To Appear—Preliminary Fact Issues [Reserved]
F 2240.8 Failure To Appear—Unanimity/Duplicity/Multiplicity [Reserved]
F 2240.9 Failure To Appear—Lesser Offense Issues [Reserved]
F 2240NOTES
F 2240 Note 1 Failure To Appear (VC 40508(a)) – CALCRIM Cross-References And Research Notes [RESERVED]
F 2240 Note 2 Disposition Of Underlying Violation Does Not Matter
Return to Series 2200 Table of Contents.
F 2240.1 Titles And Identification Of Parties
F 2240.1 Inst 1 Failure To Appear—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 2240.1 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 2240.2 Failure To Appear—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 2240.3 Failure To Appear—Language That Is Argumentative, Confusing, Etc.
F 2240.3 Inst 1 Willfully: Argumentative
See FORECITE F 820.3 Inst 1.
F 2240.3 Inst 2 Delete Argumentative Language
*Delete CC 2240, paragraph 4, which provides:
[It does not matter whether the defendant was found guilty of the violation of the Vehicle Code alleged in the original citation.]
Points and Authorities
STRATEGY NOTE AND CAVEAT—Objection to specific instruction on matters which the prosecution does not have to prove may open the door, in the judge’s view, to prosecutorial objection to specific evidence instructions on matters which are not alone sufficient to prove guilt. (See listing of such instructions at FORECITE PG XI(D)(2).) Although the considerations should be different due to the presumptions of innocence (see e.g., FORECITE F 100.1 Inst 1), the judge may not see it this way. In this light, an alternative approach could be a request that the instruction be balanced and clarified to assure the jurors do consider the specified matter in determining whether the prosecution has proven all essential facts and elements of the charged offense. (See FORECITE F 2240.6 Inst 1.)
Additionally, if the judge rejects a defense request to delete or balance argumentative language that favors the prosecution, this may provide a basis for requesting argumentative language favoring the defendant in another instruction. [See generally FORECITE F 416.3 Inst 4.]
F 2240.4 Failure To Appear—Burden Of Proof Issues
F 2240.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 2240.5 Failure To Appear—Elements And Definitions
F 2240.5 Inst 1 Willfully: Separate Enumeration
*Modify CC 2240, Element 3, as follows [added language is underlined; deleted language is stricken]:
3. The defendant willfully failed to appear (in court/[or] before a person authorized to receive a deposit of bail);
AND
4. The defendant did so willfully.
Points and Authorities
See FORECITE F 840.5 Inst 3.
F 2240.5 Inst 2 Willfully: Knowledge
See FORECITE F 820.5 Inst 1.
F 2240.6 Failure To Appear—Defense Theories
F 2240.6 Inst 1 Argumentative Language Should Be Balanced To Assure Jurors Consider All Relevant Evidence
*Add after CC 2240, paragraph 4:
Alternative a [fact not disputed]:
However, the fact that the defendant was not found guilty of the vehicle code violation alleged in the original citation is a circumstance to consider in evaluating whether the prosecution has proven [all the elements of the alleged _______________] [_____________ <insert specific element to which the evidence relates>].
Alternative b [fact disputed]:
However, whether or not the defendant was found guilty of the vehicle code violation alleged in the original citation is a circumstance to consider in evaluating whether the prosecution has proven [all the elements of the alleged _______________] [_______________<insert specific element to which the evidence relates>].
Points and Authorities
See FORECITE F 416.3 Inst 7.
F 2240.7 Failure To Appear—Preliminary Fact Issues [Reserved]
F 2240.8 Failure To Appear—Unanimity/Duplicity/Multiplicity [Reserved]
F 2240.9 Failure To Appear—Lesser Offense Issues [Reserved]
F 2240 NOTES
F 2240 Note 1 Failure To Appear (VC 40508(a)) – CALCRIM Cross-References And Research Notes [RESERVED]
F 2240 Note 2 Disposition Of Underlying Violation Does Not Matter
The bracketed language in CC 2240, paragraph 4 should always be given since the disposition of the violation should never be relevant.
