CALCRIM No. 333. Opinion Testimony of Lay Witness

Judicial Council of California Criminal Jury Instructions (2024 edition)

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333.Opinion Testimony of Lay Witness
(A witness/Witnesses)[, who (was/were) not testifying as [an] expert[s],]
gave (his/her/their) opinion[s] during the trial. You may but are not
required to accept (that/those) opinion[s] as true or correct. You may
give the opinion[s] whatever weight you think appropriate. Consider the
extent of the witness’s opportunity to perceive the matters on which his
or her opinion is based, the reasons the witness gave for any opinion,
and the facts or information on which the witness relied in forming that
opinion. You must decide whether information on which the witness
relied was true and accurate. You may disregard all or any part of an
opinion that you find unbelievable, unreasonable, or unsupported by the
evidence.
New January 2006
BENCH NOTES
Instructional Duty
Give this instruction on request when a lay witness gives opinion testimony.
Give the bracketed phrase “who was not testifying as an expert” if an expert witness
also testified in the case.
Related Instructions
CALCRIM No. 332, Expert Witness Testimony.
CALCRIM No. 1860, Owner’s Opinion of Value.
AUTHORITY
• Opinion Testimony. Evid. Code, §§ 800, 802.
• Opinion Testimony to Prove Character. Evid. Code, § 1100.
• Jury Must Decide What Weight to Give Lay Opinion. See People v. Pena (1977)
68 Cal.App.3d 100, 102-103 [135 Cal.Rptr. 602].
• This Instruction Upheld. People v. Golde (2008) 163 Cal.App.4th 101, 120 [77
Cal.Rptr.3d 120].
SECONDARY SOURCES
1 Witkin, California Evidence (5th ed. 2012) Opinion Evidence, §§ 3-25.
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 82,
Witnesses, § 82.22[3][d], Ch. 83, Evidence, § 83.11 (Matthew Bender).
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