305.Multiple Defendants: Limited Admissibility of Defendant’s
You have heard evidence that defendant <insert defendant’s
name> made a statement (out of court/before trial). You may consider
that evidence only against (him/her), not against any other defendant.
New January 2006
The court has no sua sponte duty to give an instruction on defendant’s statements;
however, it must be given on request. (Evid. Code, § 355; People v. Simms (1970)
10 Cal.App.3d 299, 311 [89 Cal.Rptr. 1].)
If the defendant made the statement out of court, give that phrase in the
parenthetical. If the statement was made in a previous proceeding, give the phrase
“before trial.” (See People v. Perry (1972) 7 Cal.3d 756, 787–788 [103 Cal.Rptr.
161, 499 P.2d 129].)
• Instructional Requirements. Evid. Code, § 355.
1 Witkin, California Evidence (4th ed. 2000) Circumstantial Evidence, §§ 30, 31,
4Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 85,
Submission to Jury and Verdict, § 85.02[b] (Matthew Bender).
See the Related Issues section to CALCRIM No. 303, Limited Purpose Evidence in