SERIES 2300 CONTROLLED SUBSTANCES
F 2315 Sale Of Substitute Substance (HS 11355, 11382)
TABLE OF CONTENTS
F 2315.1 Titles And Identification Of Parties
F 2315.1 Inst 1 Sale Of Substitute Substance—Title
F 2315.1 Inst 2 Identification Of Prosecution And Defendant
F 2315.2 Sale Of Substitute Substance—Tailoring To Facts: Persons, Places, Things And Theories
F 2315.2 Inst 1 (a-d) Include Definition In Elements; Tailor To Facts
F 2315.3 Sale Of Substitute Substance—Language That Is Argumentative, Confusing, Etc.
F 2315.3 Inst 1 Delete Argumentative Language: Transportation For Short Distance
F 2315.4 Sale Of Substitute Substance—Burden Of Proof Issues
F 2315.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 2315.5 Sale Of Substitute Substance—Elements And Definitions
F 2315.5 Inst 1 Causation Instructions Required For Administration Theory
F 2315.5 Inst 2 Item Must Be Transported “While Under The Defendant’s Control”
F 2315.5 Inst 3 Personal Use
F 2315.5 Inst 4 Specification That Substance Delivered Was Not Substance Agreed Upon
F 2315.6 Sale Of Substitute Substance—Defense Theories
F 2315.6 Inst 1 Juror Consideration Of Fact That Contraband Was Only Transported A Short Distance
F 2315.6 Inst 2 Minimal Movement Within A Residence Is Not Transportation
F 2315.7 Sale Of Substitute Substance—Preliminary Fact Issues [Reserved]
F 2315.8 Sale Of Substitute Substance—Unanimity/Duplicity/Multiplicity [Reserved]
F 2315.9 Sale Of Substitute Substance—Lesser Offense Issues [Reserved]
Return to Series 2300 Table of Contents.
F 2315.1 Titles And Identification Of Parties
F 2315.1 Inst 1 Sale Of Substitute Substance—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 2315.1 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 2315.2Sale Of Substitute Substance—Tailoring To Facts: Persons, Places, Things And Theories
F 2315.2 Inst 1 (a-d) Include Definition In Elements; Tailor To Facts
Alternative a:
*Replace 2315, Element 1 [Offer to Sell], as follows:
1. The defendant (agreed/consented/offered/arranged/negotiated) to exchange _______________ <name of controlled substance> for (money/ _______________ <specify service>/_______________ <specify other thing of value>);
[Source: Adapted from CC 2315, paragraph 3.]
Alternative b [Offer to Transport]:
1. The defendant (agreed/consented/offered/arranged/negotiated) to carry or move _______________ <name of controlled substance> from _______________ <specify beginning location> to _______________ <specify ending location>
[Source: Adapted from CC 2315, paragraph 4.]
Alternative c-1 [Offer to Administer Directly]:
1. The defendant (agreed/consented/offered/arranged/negotiated) to apply _______________ <name of controlled substance> directly to the body of _______________ <name of person to whom controlled substance was administered> by (injection/_______________ <specify other means>;
[Source: Adapted from CC 2315, paragraph 5.]
Alternative c-2 [Offer to Administer Indirectly]:
1. The defendant(agreed/consented/offered/arranged/negotiated) to cause* _______________ <name of person to whom controlled substance was administered> to inhale, ingest or otherwise consume _______________ <name of controlled substance>;
*Note: Causation instructions may be appropriate (see FORECITE F 1501.5 Inst 2).
[Source: Adapted from CC 2315, paragraph 5.]
Alternative d [Undefined Theories]:
1. The defendant (agreed/consented/offered/arranged/negotiated) to (furnish/give away) _______________ <name of controlled substance>.
[Delete paragraphs 3, 4 & 5.]
Points and Authorities
Include Definition In Elements—See FORECITE F 417.5 Inst 2.
Tailor To Facts: Specific Name Of Controlled Substance; Location Of Transportation; Person Administered To—See FORECITE F 400.2 Inst 1.
Specific Prosecution Theory—See FORECITE F 400.2 Inst 1.
Delete Comment That Distance Can Be Short Re: Transportation—See FORECITE F F 2315.3 Inst 1.
F 2315.3 Sale Of Substitute Substance—Language That Is Argumentative, Confusing, Etc.
F 2315.3 Inst 1 Delete Argumentative Language: Transportation For Short Distance
See FORECITE F 2300.3 Inst 1.
F 2315.4 Sale Of Substitute Substance—Burden Of Proof Issues
F 2315.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 2315.5 Sale Of Substitute Substance—Elements And Definitions
F 2315.5 Inst 1 Causation Instructions Required For Administration Theory
See FORECITE F 2300.5 Inst 1.
F 2315.5 Inst 2 Item Must Be Transported “While Under The Defendant’s Control”
See FORECITE F 2300.5 Inst 2.
F 2315.5 Inst 3 Personal Use
See FORECITE F 2300.5 Inst 4.
F 2315.5 Inst 4 Specification That Substance Delivered Was Not Substance Agreed Upon
*Modify CC 2315, Element 2, as follows [added language is underlined; deleted language is stricken]:
2. After doing so, the defendant (sold/transported/administered/gave/ furnished/delivered) a another substance in lieu of _____________<insert name of controlled substance>.
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
All Required Elements Must Be Enumerated—See FORECITE F 103.2 Inst 1.
The CALCRIM Deficiency—CALCRIM 2315 fails to clearly specify that “another” substance must be substituted. (See also CC 2316, Element 2.)
WARNING! Federal constitutional claims may be lost without proper federalization.—To preserve federal claims, counsel should add the applicable constitutional provisions and authority to the above points and authorities and explain how those provisions will be violated under the circumstances of this case. Potential constitutional grounds for this request include, but are not limited to:
FORECITE CG 2.2 [Burden Of Proof: Elements And Essential Facts]
FORECITE CG 4.1 [Right To Instruct The Jurors On Defense Theories]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
F 2315.6 Sale Of Substitute Substance—Defense Theories
F 2315.6 Inst 1 Juror Consideration Of Fact That Contraband Was Only Transported A Short Distance
See FORECITE F 2300.6 Inst 1.
F 2315.6 Inst 2 Minimal Movement Within A Residence Is Not Transportation
See FORECITE F 2300.6 Inst 4.
F 2315.7 Sale Of Substitute Substance—Preliminary Fact Issues [Reserved]
F 2315.8 Sale Of Substitute Substance—Unanimity/Duplicity/Multiplicity[Reserved]
F 2315.9 Sale Of Substitute Substance—Lesser Offense Issues [Reserved]
