SERIES 2700 CRIMES AGAINST GOVERNMENT—ESCAPE
F 2762 Escape After Remand Or Arrest (PC 836.6)
TABLE OF CONTENTS
F 2762.1 Titles And Identification Of Parties
F 2762.1 Inst 1 Escape After Remand Or Arrest—Title
F 2762.1 Inst 2 Identification Of Prosecution And Defendant
F 2762.2 Escape After Remand Or Arrest—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 2762.3 Escape After Remand Or Arrest—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 2762.4 Escape After Remand Or Arrest—Burden Of Proof Issues
F 2762.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 2762.5 Escape After Remand Or Arrest—Elements And Definitions
F 2762.5 Inst 1 Separate Enumeration Of Combined Elements; Objective Reasonable Person Standard Re: “Should Have Known”
F 2762.5 Inst 2 Escape After Remand Or Arrest: Incorporate Definitional Elements Of Escape Into Enumerated Elements Of The Charge
F 2762.6 Escape After Remand Or Arrest—Defense Theories [Reserved]
F 2762.7 Escape After Remand Or Arrest—Preliminary Fact Issues [Reserved]
F 2762.8 Escape After Remand Or Arrest—Unanimity/Duplicity/Multiplicity [Reserved]
F 2762.9 Escape After Remand Or Arrest—Lesser-Offense Issues [Reserved]
Return to Series 2700 Table of Contents.
F 2762.1 Titles And Identification Of Parties
F 2762.1 Inst 1 Escape After Remand Or Arrest—Title
See generally, FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 2762.1 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 2762.2 Escape After Remand Or Arrest—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 2762.3 Escape After Remand Or Arrest—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 2762.4 Escape After Remand Or Arrest—Burden Of Proof Issues
F 2762.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 2762.5 Escape After Remand Or Arrest—Elements And Definitions
F 2762.5 Inst 1 Separate Enumeration Of Combined Elements; Objective Reasonable Person Standard Re: “Should Have Known”
*Modify CC 2762, Element 1B, to provide as follows [added language is underlined; deleted language is stricken]:
[1. The defendant was lawfully arrested by a peace officer and the defendant knew, or reasonably should have known, that (he/she) had been arrested;];
AND
2. The arrest was lawful;
AND
3. The arrest was made by a peace officer;
AND
4. Either :
A. The defendant knew that (he/she) had been arrested;
OR
B. A reasonable person under the same circumstances as they were known by or appeared to the defendant would have known that (he/she) had been arrested.
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
Separate Enumeration—See FORECITE F 3500.2 Inst 1.
Reasonable Person Under The Same Circumstances—See People v. Mathews (1994) 25 CA4th 89, 99; see also FORECITE F 860.5 Inst 7.
Identification Of Parties—See FORECITE F 100.2 Note 1.
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]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
F 2762.5 Inst 2 Escape After Remand Or Arrest: Incorporate Definitional Elements Of Escape Into Enumerated Elements Of The Charge
*Add to CC 2762, Element 2:
. . . by:
A. Departing from the physical limits of (his/her) custody;
AND
B. Passing beyond a [barrier] [wall] [fence] designed to keep the defendant within a designated area.
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
Definition Of Escape—See CALCRIM 2760, paragraph 5 and CALCRIM 2761, paragraph 5.
Incorporation Of Definitional Elements—See FORECITE F 417.5 Inst 2.
Identification Of Parties—See FORECITE F 100.2 Note 1.
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]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
F 2762.6 Escape After Remand Or Arrest—Defense Theories [Reserved]
F 2762.7 Escape After Remand Or Arrest—Preliminary Fact Issues [Reserved]
F 2762.8 Escape After Remand Or Arrest—Unanimity/Duplicity/Multiplicity [Reserved]
F 2762.9 Escape After Remand Or Arrest—Lesser-Offense Issues [Reserved]
