Tag Archives: CC 207

Citation Updates by CALCRIM Committee
September 9th, 2016

In its February 2016 updates the CC committee updated citations on eleven different instructions without changing the language of the instructions. The committee notes suggested that such changes “tend to be uncontroversial.” To view these change see — https://jcc.legistar.com/View.ashx?M=F&ID=4256649&GUID=4F153BB2-31D2-4B98-8257-04865BAFD5E3

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CC 207: Proof Need Not Show Actual Date: Exception When Evidence Focuses on One Day to Exclusion of Others
September 5th, 2016

“[W]hen the prosecution’s proof establishes the offense occurred on a particular day to the exclusion of other dates, and when the defense is alibi (or lack of opportunity), [that] it is improper to give the jury an instruction using the ‘on or about’ language.” (People v. Jennings (1991) 53 Cal.3d 334, 358–359; People v. Gavin […]

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CC 207: Proof Need Not Show Actual Date: Ex Post Facto Violation
August 29th, 2016

In People v. Rojas (2015) 237 CA4th 1298, 1306-07 the defendant argued that a modified version of CC 207 resulted in an ex post facto violation because the instruction allowed the jurors to convict Rojas of violating PC 288.7(a) based on events which occurred prior to the effective date of the statute. “It is the […]

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“On or About” Instruction Is Improper When The Defense Theory Is Predicated on the Alleged Timing of the Charged Offense
March 20th, 2015

  Ordinarily, the state need not prove the precise date on which an alleged offense occurs. (See PC 955.) CC 207 is the CALCRIM instruction on this point.   However, where the state charges a defendant with a criminal offense on occurring during particular dates — and when the dates form the basis of the […]

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