CALCRIM No. 1860. Owner’s Opinion of Value

Judicial Council of California Criminal Jury Instructions (2023 edition)

Download PDF
Bg4f7
E. THEFT RELATED INSTRUCTIONS
1860.Owner’s Opinion of Value
A witness gave (his/her) opinion of the value of the property (he/she)
[allegedly] owned. In considering the opinion, you may but are not
required to accept it as true or correct. Consider the reasons the witness
gave for any opinion, the facts or information on which (he/she) relied in
forming that opinion, and whether the information on which the witness
relied was true and accurate. You may disregard all or any part of an
opinion that you find unbelievable or unreasonable. You may give the
opinion whatever weight, if any, you believe it deserves.
New January 2006
BENCH NOTES
Instructional Duty
When the owner of property testifies about his or her opinion of the value of the
property, give this instruction on request.
If an expert witness testified about its value, give CALCRIM No. 332, Expert
Witness Testimony.
AUTHORITY
• Owner May Testify to Value. People v. Coleman (1963) 222 Cal.App.2d 358,
361 [35 Cal.Rptr. 141].
• Jury Must Decide What Weight to Give Owner Opinion. People v. Pena (1977)
68 Cal.App.3d 100, 102-103 [135 Cal.Rptr. 602].
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Property, § 10.
1 Witkin, California Evidence (5th ed. 2012) Opinion Evidence, §§ 18, 103.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 143, Crimes
Against Property, § 143.01[1][i] (Matthew Bender).
1203

© Judicial Council of California.