<Alternative A—different charges for different defendants>
[Because more than one defendant is on trial here, I am going to
remind you which individuals are charged with which crimes.
is charged with .
is charged with .]
<Alternative B—charges the same for all defendants>
[(Both/All) defendants in this case are charged with the same crimes.]
You must separately consider the evidence as it applies to each
defendant. You must decide each charge for each defendant separately.
If you cannot reach a verdict on (all/both) of the defendants, or on any
of the charges against any defendant, you must report your
disagreement to the court and you must return your verdict on any
defendant or charge on which you have unanimously agreed.
Unless I tell you otherwise, all instructions apply to each defendant.
New January 2006
The court has a sua sponte duty to give this instruction if multiple defendants are
on trial. (People v. Mask (1986) 188 Cal.App.3d 450, 457 [233 Cal.Rptr. 181];
People v. Fulton (1984) 155 Cal.App.3d 91, 101 [201 Cal.Rptr. 879].)
Give alternative A if any of the charges against the defendants are different. Give
alternative B if all of the charges against all defendants are the same.
• Separate Verdicts When Multiple Defendants. Pen. Code, §§ 970, 1160.
• Instructional Duty. People v. Mask (1986) 188 Cal.App.3d 450, 457 [233
Cal.Rptr. 181]; People v. Fulton (1984) 155 Cal.App.3d 91, 101 [201 Cal.Rptr.
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, § 85.02[a][ii] (Matthew Bender).