Tag Archives: CC 3500


No Dual Convictions of PC 245(c) Based on the Same Act or Course of Conduct
March 6th, 2020

PC 954 authorizes multiple convictions for different or distinct offenses but does not permit multiple convictions for a different statement of the same offense when it is based on the same act or course of conduct. (People v. Vidana (2016) 1 Cal.5th 632, 650.) Whether a statute defines different offenses or merely different ways of […]


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Aider and Abettor: Natural and Probable Consequences – Unanimity as to Commission of Nontarget Offense
October 22nd, 2019

The majority opinion in People v. Smith (2014) 60 Cal. 4th 603 concluded that the requirement of juror unanimity as to all essential elements of the charge does not apply to commission of the nontarget offense alleged under the natural and probable consequences doctrine:   The prosecution theory was that Littleton was the killer. But […]


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Jury Unanimity (CC 3500 or CC 3501): Child Molestation: Emphasis of What Must Be Found Vis a Vis Multiple Sex Crimes
May 8th, 2015

To convict a defendant of multiple sex crimes that are not distinguished: the jury must find 3 prerequisites “‘We see no constitutional impediment to allowing a jury, so instructed to find a defendant guilty of more than one indistinguishable act, providing. . .three minimum prerequisites. . .are satisfied.’ [Citation.] Those prerequisites include generic evidence describing […]


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Jury Unanimity: Child Molestation
May 5th, 2015

  In a child molestation case, CC 3501 may be given instead of CC 3500.   “[CC 3501] is an alternative instruction to [CC No. 3500]. [CC 3501] affords two different approaches for the jury to reach the required unanimity. The first is the same as that set forth in [CC 3500]: agreement as to […]


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Aider And Abettor: Natural And Probable Consequences – Unanimity As To Commission Of Nontarget Offense
January 21st, 2015

  The majority opinion in People v. Smith (2014) 60 Cal. 4th 603 concluded that the requirement of juror unanimity as to all essential elements of the charge does not apply to commission of the nontarget offense alleged under the natural and probable consequences doctrine:    The prosecution theory was that Littleton was the killer. […]


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Jury Unanimity: Child Molestation
February 20th, 2014

In a child molestation case, CC 3501 may be given instead of CC 3500.   “[CC 3501] is an alternative instruction to [CC No. 3500]. [CC 3501] affords two different approaches for the jury to reach the required unanimity. The first is the same as that set forth in [CC 3500]: agreement as to the […]


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