1906.Forging and Passing or Attempting to Pass: Two Theories
in One Count
The defendant is charged [in Count ] with forgery of [a/an]
<insert type[s] of document[s] from Pen. Code, § 470(d)>.
The defendant is being prosecuted for forgery under two theories: (1)
that the defendant forged the document; and (2) that the defendant
(passed[,]/ used[,]/ [or] (attempted/ [or] offered) to use) the forged
Each theory of forgery has different requirements, and I have instructed
you on both.
You may not ﬁnd the defendant guilty of forgery unless all of you agree
that the People have proved that the defendant committed forgery
under at least one theory. But all of you do not have to agree on the
New January 2006
This instruction is to be given when the prosecution pursues the two theories of
forgery of a single document in one count. (See People v. Sutherland (1993) 17
Cal.App.4th 602, 618–619 [21 Cal.Rptr.2d 752].)
• Unanimity on Theory Not Required. People v. Sutherland (1993) 17
Cal.App.4th 602, 618–619 [21 Cal.Rptr.2d 752].
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against
Property, § 169.
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 85,
Submission to Jury and Verdict, § 85.02[a][i] (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 143,
Crimes Against Property, § 143.04,  (Matthew Bender).
1907–1919. Reserved for Future Use