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3515. Multiple Counts: Separate Offenses

Each of the counts charged in this case is a separate crime [except for Counts , which are charged as alternative offenses]. You must consider each count separately and return a separate verdict for each one [except for Counts , which are for lesser included offenses and will be addressed in other instructions].

Bench Notes

Instructional Duty

The court should give this instruction on request if the defendant is charged with multiple counts for separate offenses. (People v. Beagle (1972) 6 Cal.3d 441, 456 [99 Cal.Rptr. 313, 492 P.2d 1].) The court has no sua sponte duty to give this instruction. (Ibid.)

If the prosecution has charged, in the alternative, more than one offense for the same event, give CALCRIM No. 3516, Multiple Counts: Alternative Charges for One Event. Do not give this instruction unless the case involves both charges for separate events and charges in the alternative for a single event. In such cases, the court should give both instructions, inserting where indicated in this instruction the counts that are addressed in CALCRIM No. 3516.

Likewise, if the case involves lesser included offenses, the court should give either CALCRIM No. 3517, Deliberations and Completion of Verdict Forms: Lesser Offenses or Degrees—Without Stone Instruction (Non-Homicide) Stone Instruction (Non-Homicide), or CALCRIM No. 3518, Deliberations and Completion of Verdict Forms: Lesser Offenses or Degrees—With Stone Instruction (Non-Homicide) Stone Instruction (Non-Homicide). (See People v. Fields (1996) 13 Cal.4th 289, 308-311 [52 Cal.Rptr.2d 282, 914 P.2d 832].) Do not give this instruction unless the case involves both charges for separate events and one or more charges with a lesser included offense. In such cases, the court should give both instructions, inserting where indicated in this instruction the counts that are addressed in CALCRIM No. 3517 or 3518.

Authority

Statutory Authority for Multiple Charges. Pen. Code, § 954.

Instructional Requirements. People v. Beagle (1972) 6 Cal.3d 441, 456 [99 Cal.Rptr. 313, 492 P.2d 1].

Secondary Sources

5 Witkin & Epstein, California Criminal Law (3d ed. 2000) Criminal Trial, § 644.

4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 85, Submission to Jury and Verdict, § 85.20 (Matthew Bender).

(New January 2006)