California Criminal Jury Instructions (CALCRIM) (2017)

2432. Attorney's Possession of More Than ,000 Related to Transaction Involving Controlled Substance

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2432.Attorney’s Possession of More Than $100,000 Related to
Transaction Involving Controlled Substance (Health & Saf. Code,
§ 11370.6(b))
The defendant is charged [in Count ] with being an attorney who
knowingly accepted more than $100,000 from a client who obtained it
from a transaction involving a controlled substance [in violation of
Health and Safety Code section 11370.6(b)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant (is/was) an attorney;
2. The defendant accepted a fee of more than $100,000 in (cash/
[or] <insert type[s] of negotiable instrument[s]>) for
representing a client in a criminal investigation or proceeding;
3. The (cash/ [or] <insert type[s] of negotiable
instrument[s]>) (was/were) obtained from the (sale/possession for
sale/transportation/manufacture/offer to sell/offer to
manufacture) [of] <insert name[s] of controlled
substance[s]>, [a] controlled substance[s];
4. The defendant knew that the (cash/ [or] <insert
type[s] of negotiable instrument[s]>) (was/were) obtained from the
(sale/possession for sale/transportation/manufacture/offer to sell/
offer to manufacture) of the controlled substance;
AND
<A. Intent to Participate>
5A. [The defendant accepted the (cash/ [or] <insert
type[s] of negotiable instrument[s]>) with the intent to participate
in the client’s (sale/possession for
sale/transportation/manufacture/offer to sell/offer to
manufacture) [of] a controlled substance(;/.)]
[OR]
<B. Intent to Disguise Source>
5B. [The defendant accepted the money with the intent to disguise or
aid in disguising the source of the funds or the nature of the
criminal activity.]
An attorney is someone licensed by [the] (California State Bar/
<insert name of licensing state or country>) to practice law.
[In determining whether or not the defendant is guilty of this crime, you
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may consider, in addition to any other relevant evidence:
[Whether the defendant had paid employment(;/.)]
[The opinion of a controlled substances expert on the source of the
(cash/ [or] <insert type[s] of negotiable instrument[s]>)(;/.)]
[Documents or ledgers, if any, that show sales of controlled substances.]
You must decide the significance, if any, of this evidence.]
[Two or more people may possess something at the same time.]
[A person does not have to actually hold or touch something to possess
it. It is enough if the person has (control over it/ [or] the right to
control it), either personally or through another person.]
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to instruct on the elements of this crime.
When an attorney is charged with unlawful possession of drug proceeds, the
prosecution must prove the additional element that the attorney intended to aid the
illegal activity or to disguise the source of the funds. (Health & Saf. Code,
§ 11370.6(b); People v. Granados (1993) 16 Cal.App.4th 517, 519 [20 Cal.Rptr.2d
131].) Give either optional paragraph A, B, or both, depending on the charged
crime and the evidence proffered at trial.
Give the bracketed paragraphs instructing that the jury may consider the
defendant’s employment, expert testimony, and ledgers if such evidence has been
presented. If a controlled substances expert testifies, the court has a sua sponte
duty to instruct the jury on evaluating the expert’s testimony. (Pen. Code, § 1127b.)
Give CALCRIM No. 332, Expert Witness Testimony.
AUTHORITY
• Elements. Health & Saf. Code, § 11370.6(b).
Possession Has Same Meaning as in Drug Possession Cases. People v.
Howard (1995) 33 Cal.App.4th 1407, 1419, fn. 6 [39 Cal.Rptr.2d 766].
• Constructive vs. Actual Possession. People v. Barnes (1997) 57 Cal.App.4th
552, 556 [67 Cal.Rptr.2d 162].
• Statute Constitutional. People v. Mitchell (1994) 30 Cal.App.4th 783, 793 [36
Cal.Rptr.2d 150]; People v. Granados (1993) 16 Cal.App.4th 517, 519 [20
Cal.Rptr.2d 131].
• Instruction on Factor to Consider Constitutional. People v. Mitchell (1994) 30
Cal.App.4th 783, 804–811 [36 Cal.Rptr.2d 150].
CALCRIM No. 2432 CONTROLLED SUBSTANCES
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Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Public
Peace and Welfare, § 122.
1 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 1, The
California Defense Advocate, § 1.12[2] (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 145,
Narcotics and Alcohol Offenses, §§ 145.01[4], 145.01A[5] (Matthew Bender).
2433–2439. Reserved for Future Use
CONTROLLED SUBSTANCES CALCRIM No. 2432
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