CC 376 Possession Of Recently Stolen Property: Burden Of Proof And Due Process Issues
February 27th, 2014
Relying on cases which had upheld the substantially identical CJ 2.15, People v. Lopez (2011) 198 Cal. App. 4th 698, held that CC 376 did not violate due process and did not decrease the prosecution’s burden of proof.
Tags: CC 376, Possession of Stolen Property
CC 376 Possession Of Recently Stolen Property: CC 376 Not Required Sua Sponte
February 20th, 2014
The CC Committee has concluded that the trial judge has no sua sponte duty to instruct with CC 376. (CC 376 Bench Notes, citing People v. Najera (2008) 43 Cal. 4th 132.) The CJ equivalent is CJ 2.15.
Tags: Judge Duty to Instruct, Possession of Stolen Property, Sua Sponte