CALCRIM No. 304. Multiple Defendants: Limited Admissibility of Evidence

Judicial Council of California Criminal Jury Instructions (2020 edition)

Download PDF
304.Multiple Defendants: Limited Admissibility of Evidence
I instructed you during the trial that certain evidence was admitted only
against [a] certain defendant[s]. You must not consider that evidence
against any other defendant.
New January 2006
BENCH NOTES
Instructional Duty
The court has no sua sponte duty to give an instruction limiting evidence to one
defendant; however, it must be given on request. (Evid. Code, § 355; People v.
Miranda (1987) 44 Cal.3d 57, 83 [241 Cal.Rptr. 594, 744 P.2d 1127], disapproved
of on other grounds in People v. Marshall (1990) 50 Cal.3d 907 [269 Cal.Rptr. 269,
790 P.2d 676].)
AUTHORITY
• Instructional Requirements. Evid. Code, § 355.
RELATED ISSUES
See the Related Issues section to CALCRIM No. 303, Limited Purpose Evidence in
General.
SECONDARY SOURCES
1 Witkin, California Evidence (5th ed. 2012) Circumstantial Evidence, §§ 32, 33, 35.
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 83,
Evidence, § 83.04[3] (Matthew Bender).
78

© Judicial Council of California.