CALCRIM No. 3001. Failure to Appear While on Bail (Pen. Code, § 1320.5)

Judicial Council of California Criminal Jury Instructions (2020 edition)

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I. FAILURE TO APPEAR
3001.Failure to Appear While on Bail (Pen. Code, § 1320.5)
The defendant is charged [in Count ] with failing to appear while
out of custody on bail [in violation of Penal Code section 1320.5].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant was (charged with/convicted of) the commission of
a felony in (this case/case number );
2. The defendant was released from custody on bail in (this/that)
case;
3. The defendant was required to appear in court at a specific date,
time and place in (this/that) case;
4. The defendant willfully failed to appear in court as required;
AND
5. When the defendant willfully failed to appear in court as
required, (he/she) did so in order to evade the process of the
court.
Someone commits an act willfully when he or she does it willingly or on
purpose.
[If you find the defendant willfully failed to appear within 14 days of the
date assigned for appearance, you may, but are not required to, infer
that the failure to appear was for the purpose of evading the process of
the court.]
New March 2018
BENCH NOTES
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
AUTHORITY
• Elements. Pen. Code, § 1320.5.
• Willfully defined. Pen. Code, § 7(1); People v. Lara (1996) 44 Cal.App.4th
102, 107 [51 Cal.Rptr.2d 402].
• Specific intent. People v. Sutton (1993) 19 Cal.App.4th 795, 799-800 [23
Cal.Rptr.2d 632]; People v. Wesley (1988) 198 Cal.App.3d 519 [243 Cal.Rptr.
785].
795
• Mandatory presumption unconstitutional unless instructed as permissive
inference. People v. Forrester (1994) 30 Cal.App.4th 1697, 1703 [37
Cal.Rptr.2d 19].
SECONDARY SOURCES
4 Witkin & Epstein, Cal. Criminal Law (4th ed. 2012) Pretrial Proceedings, § 116.
5 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 91,
Sentencing, § 91.48 (Matthew Bender).
CALCRIM No. 3001 VANDALISM, LOITERING, AND TRESPASS
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