| F 100.1 Inst 1 (a-d) |
Defense Has No Obligation To Prove Anything |
| F 100.7 Inst 1 |
Jurors Need Not Reach A Verdict |
| F 103.1 Inst 6 |
Arrest, Charges And Trial Are Not Evidence |
| F 103.4 Inst 6 |
Duty To Presume Defendant Innocent: No Necessity For Defendant To Produce Evidence |
| F 104.1 Inst 6 |
Introductory Instruction: Reactions To Evidence Must Be Disregarded |
| F 104.1 Inst 7 |
Jurors To Disregard Non-Testifying Defendant’s Courtroom Appearance, Conduct And Demeanor |
| F 104.1 Inst 10 |
Conduct Of Court Observers/Spectators Must Be Disregarded |
| F 105.2 Inst 1 (a&b) |
Improper To Imply A Defense Obligation To “Disprove” The Truth Or Accuracy Of Testimony |
| F 105.2 Inst 2 |
Listed Factors Are Not Exclusive; Consider Relevant Factors; Do Not Consider Irrelevant Factors |
| F 105 Note 1 |
Witness Credibility: Irrelevant Factors Should Be Deleted |
| F 105 Note 16 |
Witness Character For Honesty Or Truthfulness |
| F 223 Note 3 |
If CC 223 Is Given CC 224 and CC 225 Should Also Be Given |
| F 200.4 Inst 1 (a & b) |
Error To Imply That Jury Must “Reach A Decision” |
| F 226 Note 1 |
Witness Credibility: Irrelevant Factors Should Be Deleted |
| F 226 Note 15 |
Witness Character For Honesty Or Truthfulness |
| F 250 Inst 3 |
General Intent: Deletion Of Terms “General” and “Specific” Intent |
| F 251 Inst 5 |
Union Of Act And Intent: Deletion Of Terms “General” and “Specific” Intent |
| F 252 Inst 7 |
Union Of Act And Intent: Deletion Of Terms “General” and “Specific” Intent |
| F 253 Inst 4 |
Union of Act and Intent: Deletion Of Terms “General” and “Specific” Intent |
| F 316(¶ A) Note 7 |
Moral Turpitude Properly Defined In Terms Of "Readiness To Do Evil" |
| F 318 Note 2 |
Prior Statements When Witness Claims to No Longer Remember |
| F 361 Note 5 |
Judge Should Be “Extremely Cautious” Before Giving Failure To Explain Or Deny Instruction |
| F 362 Note 19 |
False Statement Must Be Made Prior To Trial |
| F 362.1 Inst 9 |
Consciousness Of Guilt From False Statements: Defense Objection Precludes Instruction Which Benefits Defendant |
| F 372.1 Inst 2 |
Flight: Required Preliminary Facts |
| F 372.1 Inst 6 |
Flight Instruction: Objection By Defendant Precludes Cautionary/Limiting Instruction Which Benefits The Defendant |
| F 372 Note 3 |
Flight Instruction Improper Where No Intent To Avoid Observation Or Arrest |
| F 372 Note 13 |
Merely Leaving A Location Does Not Justify A Flight Instruction |
| F 375 Note 10 |
Uncharged Offenses: Prior Sexual Offenses As Character Evidence (EC 1108) |
| F 375 Note 24 |
CC 375 Is A Cautionary/Limiting Instruction Which Should Not Be Given Over Defense Objection |
| F 376 Inst 14 |
Possession Of Recently Stolen Property: Defense Objection Precludes Cautionary/Limiting Instruction Which Benefits Defendant |
| F 400.3 Inst 3 |
Perpetrator Should Be Defined As One Who “Directly And Actively” Commits The Crime |
| F 400 Note 4 |
Aiding And Abetting: No Affirmative Duty To Act |
| F 400 Note 12 |
Accomplice Cannot Aid And Abet His Own Murder |
| F 401.6 Inst 10 |
No Legal Duty To Report Crime |
| F 401.6 Inst 12 (a-e) |
Presence And Knowledge Insufficient For Aiding And Abetting Liability |
| F 401.6 Inst 19 |
Failure To Prevent Commission Of A Crime Is Not Aiding And Abetting |
| F 404.2 Inst 1 |
Improper Shifting Of Burden; Jurors Must Consider Evidence Of Intoxication |
| F 416.3 Inst 4 |
Improper Argumentative And Duplicative Reference To Matters Which The Prosecution Does "Not Have To Prove" |
| F 440 Note 2 |
Whether Perpetrator May Be Convicted As Accessory |
| F 441 Note 1 |
Whether An Attempt Charge May Be Based On A Mere Solicitation |
| F 460 Note 1 |
Whether An Attempt Charge May Be Based On A Mere Solicitation |
| F 500.2 Inst 2 |
Homicide: General Principles – Improper Burden Shifting Language |
| F 506 Note 11 |
Self-Defense Against Intruders In Non-Homicide Situations |
| F 511 Note 1 |
Provocation May Be Established By A Long Period Of Minor Events |
| F 520.3 Inst 3 |
Jurors Not Obligated To Decide Degree Of Murder |
| F 520 Note 1 |
Applicability Of Implied Malice To Fetus Murder – Knowledge Of Fetus Not Required |
| F 522.2 Inst 6 |
Right To Instruction Which Expressly States That Provocation/Heat Of Passion May Negate Premeditation/Deliberation |
| F 521.4 Inst 2 |
Murder: Degrees – Jury Not Required To Decide; Finding Beyond A Reasonable Doubt |
| F 540A Note 24 |
Merger As A Question For The Jury Per Apprendi |
| F 570 Note 5 |
Heat Of Passion: Provocation From A Party Other Than The Victim |
| F 570 Note 15 |
Provocation May Be Established By A Long Period Of Minor Events |
| F 570 Note 16 |
Passion Aroused May Be Fear And Panic |
| F 580 Note 10 |
Expanded Instruction On Criminal Negligence Should Be Given For All Predicate Acts |
| F 603 |
Attempted Voluntary Manslaughter: Heat Of Passion – Lesser Included Offense |
| F 625.2 Inst 5 |
No Reference To Whether Or Not Intoxication Was Voluntary Unless That Issue Is Raised By The Evidence |
| F 625.2 Inst 6 |
Involuntary Intoxication: Effects On Homicide Crimes |
| F 626.2 Inst 4 |
No Reference To Whether Or Not Intoxication Was Voluntary Unless That Issue Is Raised By The Evidence |
| F 627 Inst 1 |
Modification Of Hallucination Instruction For Attempted Murder Cases |
| F 627 Inst 2 |
Jurors Must Consider Hallucination Evidence |
| F 627 Inst 3 |
Defendant Must Have Acted Willfully And With Deliberation And Premeditation |
| F 627 Inst 4 |
Jurors Only Required To “Decide” The Premeditation/Deliberation Issue “If They Can” |
| F 627 Inst 5 |
Concurrence Of Act And Intent/Mental State |
| F 722 Note 3 |
Whether Instruction Defining A “Bomb” Should Be Requested? |
| F 722 Note 4 |
Availability Of Special Circumstances For Both Use Of A Bomb And Lying In Wait |
| F 723 Note 1 |
Murder During Escape Does Not Require That Defendant Was Booked |
| F 726 Note 2 |
Prostitution Is Crime Of Moral Turpitude |
| F 736 Note 3 |
Predicate Offense Not Satisfied By A Crime Occurring After The Charged Offense |
| F 763.2 Inst 1 |
Definition Of Aggravating And Mitigating Factors |
| F 764.2 Inst 10 |
Instruction Should Refer To “Felony” Offenses Not Merely “Crimes” |
| F 765 Note 4 |
Reasonable Doubt Instruction Required For “Factor c” Felony Convictions |
| F 767 Note 1 |
Commutation Issues And Instructions |
| F 755 Note 1 |
Examination Of Defendant By Prosecution Expert |
| F 801 Note 5 |
Error To Instruct That Bone Fracture Is “Significant And Substantial Injury” As A Matter Of Law |
| F 820.5 Inst 3 (a&b) |
Assault On Child Under 8 Resulting In Death (PC 273ab): Objective Reasonable Person Standard |
| F 851.2 Inst 5 |
Deletion Of Limiting Language Informing Jurors That Expert Testimony Is Not Evidence Of Defendant’s Guilt |
| F 852 Note 6 |
Instruction Only Applicable To Uncharged Other Crimes |
| F 853 Note 17 |
Instruction Only Applicable To Uncharged Other Crimes |
| F 890 Inst 1 |
Intent To Commit Sexual Offense Without The Victim’s Consent |
| F 937.9 Note 1 |
Sexual Battery (PC 243.4(e)(1)) Not Lesser Included Offense Of Sexual Battery By Fraudulent Representation (PC 243.4(c)) |
| F 938.9 LIO Note 1 |
PC 243.4(e)(1) Not A Lesser Included Offense Of PC 243.4(c) |
| F 938 Note 2 |
Sexual Battery Requires Sexual Motivation |
| F 938 Note 3 |
Evidentiary Issues |
| F 945 Note 4 |
Defendant’s Use Of “Excessive Force” In Response To Officer’s “Excessive Force” |
| F 970.6 Inst 1 |
Defense Theory That Defendant Believed The Firearm Was Unloaded |
| F 1000.2 Inst 5 |
Instruction Should Be Tailored Or Modified To Eliminate Improper Use Of The Term “Woman” |
| F 1000.6 Inst 8 |
Pre-Penetration Withdrawal Of Consent Must Be Communicated Through Word Or Act |
| F 1194.2 Inst 4 |
Consent: Prior Sodomy |
| F 1200.8 Inst 1 |
Kidnapping: Multiple Counts Not Permissible When Based On Continuous Offense |
| F 1201.8 Inst 1 |
Kidnapping: Multiple Counts Not Permissible When Based On Continuous Offense |
| F 1202.8 Inst 1 |
Kidnapping: Multiple Counts Not Permissible When Based On Continuous Offense |
| F 1203.5 Inst 4 |
Concurrence Of Act And Intent |
| F 1203.6 Inst 3 |
Defense Theory Instruction Re: Concurrence Of Act And Intent |
| F 1203.8 Inst 1 |
Kidnapping: Multiple Counts Not Permissible When Based On Continuous Offense |
| F 1203 Note 10 |
Fraud or False Promises As "Force Or Fear" |
| F 1203 Note 11 |
False Threat May Satisfy Force Or Fear Element |
| F 1204.8 Inst 1 |
Kidnapping: Multiple Counts Not Permissible When Based On Continuous Offense |
| F 1215.3 Inst 2 |
Jurors Should Be Instructed To Consider All Relevant Circumstances |
| F 1215.8 Inst 1 |
Kidnapping: Multiple Counts Not Permissible When Based On Continuous Offense |
| F 1225.3 Inst 1 |
Revision Of Conflicting And Confusing Language Regarding Burden Of Proof |
| F 1226 Note 3 |
Physical Proximity To Crime Not Necessary To Justify Citizen Arrest |
| F 1300 Note 3 |
Criminal Threats: Definition Of "Conditional Threat" |
| F 1401 Note 10 |
Improper To Instruct On Gang Enhancement When Defendant Was A Sole Perpetrator |
| F 1402 Note 3 |
Improper To Instruct On Gang Firearm Enhancement When Gun Was Fired By An Unknown Person |
| F 1402 Note 4 |
Instructions Should Assure That Jurors Understand Which Counts Require Defendant To Personally Use A Firearm |
| F 1402 Note 5 |
Restrictions On Gang Expert Testimony |
| F 1403 Note 18 |
CC 1403 Is A Cautionary/Limiting Instruction Which Should Not Be Given Over Defense Objection |
| F 1515.6 Inst 2 |
Attempted Arson As Defense Theory [CC 3400 Format] |
| F 1515 Note 6 |
Arson: Burning Defined – Any Consumption By Fire Sufficient (PC 451) |
| F 1530.5 Inst 2 (a&b) |
Incorporation Of Intent Definitions Into Enumerated Elements |
| F 1530 Note 1 |
Prosecution Theory That Defendant Caused The Fire: Duty To Instruct On Aiding And Abetting |
| F 1532 Note 1 |
Prosecution Theory That Defendant Caused The Fire: Duty To Instruct On Aiding And Abetting |
| F 1600.6 Inst 1 (a&b) |
Robbery: Pinpoint Instruction On After-Acquired Intent; Correction Of Burden Shifting Language |
| F 1600 Note 13 |
Robbery: Employees Of A Business Constructively Possess The Business Owner’s Property During A Robbery |
| F 1600 Note 20 |
Control Of Property: Examples |
| F 1701.2 Inst 1 (a&b) |
Burglary: Inhabitation Must Be "Current" |
| F 1702.3 Inst 1 |
Correlation Of CC 1702 With CC 401 |
| F 1750.8 Inst 1 |
Adaption Of Unanimity Instruction To Multiple Counts Of Receiving Stolen Property |
| F 1752 Note 6 |
Owning or Operating a Chop Shop: Definition Of “Operates” |
| F 1800 Note 18 |
Various Forms Of Larceny And Embezzlement Are All Crimes Of Theft |
| F 1820.6 Inst 1 |
Juror Consideration Of Prior Consent |
| F 1821.5 Inst 2 |
“Injure” vs. “Damage” |
| F 1850.5 Inst 3 |
Prior Conviction And Incarceration Must Be Found By Jurors |
| F 1863 Note 10 |
Strategy Note: Claim Of Right |
| F 2100.2 Inst 1 |
Driving Under The Influence Causing Injury – Specification Of Person Injured |
| F 2100.3 Inst 6 |
Jurors May Consider Blood Alcohol Levels Below 0.08% |
| F 2100.3 Inst 7 |
Delete Argumentative Inference From Blood Alcohol Level Of 0.08% Or More |
| F 2101.1 Inst 1 |
Driving with 0.08 Percent Blood Alcohol Causing Injury – Title |
| F 2101.1 Inst 2 |
Identification Of Prosecution And Defendant |
| F 2101.2 Inst 1 |
Driving with 0.08 Percent Blood Alcohol Causing Injury: Specification Of Person Injured |
| F 2101.3 Inst 1 |
Jurors Must Consider Relevant Evidence |
| F 2101.3 Inst 2 |
Delete Argumentative Language |
| F 2101.3 Inst 3 |
Credibility Of Injured Witness (Civil Code 3333.4) |
| F 2101.3 Inst 4 |
Jurors May Consider Blood Alcohol Levels Below 0.08% |
| F 2101.3 Inst 5 |
Delete Argumentative Inference From Blood Alcohol Level Of 0.08% Or More |
| F 2101.3 Inst 6 |
Presumptions From And Consideration Of Blood Alcohol Level Evidence |
| F 2101.4 Inst 1 |
Relating Prosecution Burden To Enumerated Elements |
| F 2101.4 Inst 2 |
Presumption Of Innocence Remains Even If Blood Alcohol Level Is 0.05% Or More |
| F 2101.4 Inst 3 |
Mandatory Presumption From Blood Alcohol Below 0.05% |
| F 2101.4 Inst 4 |
Rebuttable Presumption From Blood Alcohol Below 0.05% |
| F 2101.4 Inst 5 |
No Reliance Upon Less Than 0.05% To Convict |
| F 2101.5 Inst 1 |
Driving with 0.08 Percent Blood Alcohol Causing Injury – Causation: Enumeration Of Requirements As Express Elements Of The Charge |
| F 2101.5 Inst 2 |
Failure To Exercise Ordinary Care And Maintain Proper Control Of The Vehicle |
| F 2101.5 Inst 3 |
Definition Of Driving (VC 23153(a)) |
| F 2101.5 Inst 4 |
Separate Enumeration Of Combined Elements; Tailoring To Facts |
| F 2101.5 Inst 5 |
Incorporate Definition In Element |
| F 2101.5 Inst 6 |
Multiple Injuries (VC 23558, formerly VC 23182) |
| F 2101.5 Inst 7 |
Applicable VC Violations Must Be Referenced In Respect To Felony DUI Counts (VC 23558 former VC 23182) |
| F 2101.6 Inst 1 |
Pinpoint Instruction – Driving |
| F 2101.6 Inst 2 |
Felony Driving Under The Influence: Failure To Advise That Breath Sample Not Retained (VC 23153(a)) |
| F 2101.6 Inst 3 |
Necessity As Defense To Drunk Driving (VC 23152/VC 23153) |
| F 2101.6 Inst 4 |
Drunk Driving: Defense Theory That Conduct Was Caused By Psychiatric Disorder |
| F 2101.6 Inst 5 |
Pinpoint Instruction When Defendant And Police Blood Alcohol Tests Conflict |
| F 2101.6 Inst 6 |
Drunk Driving: Necessity – Applicability Based On Potential For Harm Not Actual Harm |
| F 2101.6 Inst 7 |
Drunk Driving (DUI): Breathalyzer Gender Bias |
| F 2101.6 Inst 8 |
Partition Ratios: Evidence Admissible As To Urine Test |
| F 2101.6 Inst 9 |
Jurors Must Consider Whether Testing Regulations Were Followed |
| F 2101 Note 1 |
Driving with 0.08 Percent Blood Alcohol Causing Injury – CALCRIM Cross-References And Research Notes |
| F 2101 Note 2 |
Challenge To Presumption Instruction In Absence Of Expert Testimony |
| F 2101 Note 3 |
Reversible Error To Instruct Where Breath Analysis Is Less Than Statutory Minimum (VC 23152(a)/VC 23153(a)/VC 23610 (former VC 23155)) |
| F 2101 Note 4 |
Partition Ratio Presumption (VC 23152(a)/VC 23153(a)/VC 23610 (former VC 23155)) |
| F 2101 Note 5 |
Consciousness Of Guilt From Defendant’s Refusal To Submit To Blood Or Sobriety Tests |
| F 2101 Note 6 |
Felony Drunk Driving: Sua Sponte Duty To Define "Speeding" When It Is An Element Of The Charge |
| F 2101 Note 7 |
Drunk Driving: Wobbler Reduced To Misdemeanor Is Not Prior Felony Conviction (Former VC 23175.5 – Now VC 23550.5) |
| F 2101 Note 8 |
Drunk Driving: Applicability Of Accomplice Liability – Co-Perpetrator (PC 191.5/PC 192(c)(3)) |
| F 2101 Note 9 |
Drunk Driving: Aiding And Abetting Liability – Intoxication To Negate Knowledge And Intent |
| F 2101 Note 10 |
DUI: Breath Test Observation Requirement (VC 23152) |
| F 2101 Note 11 |
DUI: Causing Serious Bodily Injury Is Not A "Crime of Violence" |
| F 2101 Note 12 |
DUI: Suspension Of License (VC 13353) For Refusing Test (VC 23612) |
| F 2101 Note 13 |
Drunken Driving (DUI): Defense Burden To Show Blood Test Not Properly Performed |
| F 2101 Note 14 |
Admissibility Of Blood Alcohol Test That Fails To Comply With Regulations |
| F 2101 Note 15 |
Partition Ratios: Evidence Admissible As To Urine Test |
| F 2112.6 Inst 4 |
Participation In Narcotic Treatment Program As Defense To Driving While Addicted |
| F 2130 Note 12 |
Request For Identification Of Person Drawing Blood Does Not Violate Implied Consent Law |
| F 2150 Note 2 |
Propriety Of Restitution |
| F 2200.5 Inst 3 |
Negligent Driving Is Not Reckless Driving |
| F 2200 Note 3 |
Jury Should Not Be Informed Of Reason For Revocation |
| F 2221.9 LIO |
Note 1 Failure To Present Driver’s License As Lesser Included Offense |
| F 2240 Note 2 |
Disposition Of Underlying Violation Does Not Matter |
| F 2300.6 Inst 4 |
Minimal Movement Within A Residence Is Not Transportation |
| F 2300 Note 15 |
Usable Amount Element Should Be Required For Possession Of Controlled Substance Crimes |
| F 2301.6 Inst 5 |
Minimal Movement Within A Residence Is Not Transportation |
| F 2315.6 Inst 2 |
Minimal Movement Within A Residence Is Not Transportation |
| F 2302.3 Inst 1 |
Modification Of Argumentative Definition Of Possession |
| F 2302.3 Inst 2 |
Possession: What The Prosecution Does Not Need To Prove – Instruction Should Be Balanced |
| F 2302.5 Inst 3 |
Actual Possession Requires Physical Control Or The Right To Control |
| F 2303 Note 5 |
Pinpoint Instruction When Underlying Felony Is Possession Of Drugs And Defendant Is Not Present |
| F 2303 Note 6 |
Whether Heller Applies To Firearm Enhancement |
| F 2305 Note 1 |
Momentary Possession: CALCRIM Cross References And Research Notes |
| F 2330.5 Inst 4 |
Knowledge Of Controlled Substance Being Manufactured |
| F 2331.5 Inst 1 |
Knowledge Of Controlled Substance Being Manufactured |
| F 2331 Note 1 |
Cross References |
| F 2360.6 Inst 6 |
Minimal Movement Within A Residence Is Not Transportation |
| F 2361.6 Inst 4 |
Minimal Movement Within A Residence Is Not Transportation |
| F 2362.6 Inst 2 |
Minimal Movement Within A Residence Is Not Transportation |
| F 2363.6 Inst 1 |
Minimal Movement Within A Residence Is Not Transportation |
| F 2764.2 Inst 1 |
Escape: Prosecution Should Be Required To Disprove Necessity Defense Beyond A Reasonable Doubt |
| F 2902 Inst 1 |
“Injure” vs. “Damage” |
| F 3100 Note 6 |
Jury Determination Of Factual Issues Related To Prior Convictions |
| F 3115.3 Inst 1 |
Arming: Elements Of “Facilitative Nexus” |
| F 3115 Note 14 |
Arming: Nexus Requirement |
| F 3115 Note 15 |
Whether Heller Applies To Firearm Enhancement |
| F 3117 Note 1 |
Whether Heller Applies To Firearm Enhancement |
| F 3116.3 Inst 2 |
Arming: Elements Of “Facilitative Nexus” |
| F 3116 Note 1 |
Whether Heller Applies To Firearm Enhancement |
| F 3130 Note 7 |
Whether Heller Applies To Firearm Enhancement |
| F 3131 Note 2 |
Whether Heller Applies To Firearm Enhancement |
| F 3132 Note 1 |
Whether Heller Applies To Firearm Enhancement |
| F 3145.5 Note 3 |
Weapon Use: Nexus Requirement F 3161 Note 1 Great Bodily Injury Resulting In Coma |
| F 3146 Note 15 |
Instructions Should Assure That Jurors Understand Which Counts Require Defendant To Personally Use A Firearm |
| F 3402 Inst 4 |
Duress Applies To Threat Of Great Bodily Injury |
| F 3403 Note 1 |
“Medical Necessity” Defense For Possession Of Marijuana |
| F 3406 Inst 5 |
Mistake Of Fact: Deletion Of Terms “General” and “Specific” Intent |
| F 3406 Note 4 |
Even If Knowledge Of Age Is Not An Element Of The Charge, Mistake Of Fact May Be An Affirmative Defense |
| F 3425 Inst 2 |
Instruction That Jurors “Should” Find Consciousness If The Defendant Acted As If Conscious As Improper Presumption And Argumentative |
| F 3426 Inst 3 |
Deletion Of Misleading “Assuming The Risk” Language |
| F 3426 Inst 6 |
Deletion Of The Terms “Voluntary” And “Assumption Of Risk” In Describing Intoxication |
| F 3427 Inst 1 |
Modification Of Burden Shifting Language |
| F 3427 Inst 4 |
Deletion Of Misleading “Assuming The Risk” Language |
| F 3427 Inst 5 |
Knowing Ingestion Of Prescription Medication Without Knowledge Of Its Intoxicating Effect |
| F 3427 Note 2 |
No Reference To Whether Or Not Intoxication Was Voluntary Unless That Issue Is Raised By The Evidence |
| F 3428 Inst 6 |
Mental Impairment: Deletion Of Terms “General” and “Specific” Intent |
| F 3500.2 Inst 5 |
Adaption Of Unanimity Instruction To Multiple Counts |
| F 3516 Note 3 |
Whether Instruction On Mutual Exclusivity Of Theft And Receiving Stolen Property Should Be Given |
