CALCRIM No. 3502. Unanimity: When Prosecution Elects One Act Among Many

Judicial Council of California Criminal Jury Instructions (2022 edition)

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3502.Unanimity: When Prosecution Elects One Act Among Many
You must not find the defendant guilty of <insert name of
alleged offense> [in Count ] unless you all agree that the People
have proved specifically that the defendant committed that offense [on]
<insert date or other description of event relied on>.
[Evidence that the defendant may have committed the alleged offense (on
another day/ [or] in another manner) is not sufficient for you to find
(him/her) guilty of the offense charged.]
New January 2006
BENCH NOTES
Instructional Duty
If the prosecutor has elected a specific factual basis for the offense alleged but
evidence of multiple acts has been admitted, the court has a sua sponte duty to
instruct on the election unless the prosecutor informs the jury of the election.
(People v. Melhado (1998) 60 Cal.App.4th 1529, 1534-1536 [70 Cal.Rptr.2d 878].)
AUTHORITY
Election Required on Demand. People v. Russo (2001) 25 Cal.4th 1124, 1132
[108 Cal.Rptr.2d 436, 25 P.3d 641]; People v. Salvato (1991) 234 Cal.App.3d
872, 882 [285 Cal.Rptr. 837].
Instructional Requirements. People v. Melhado (1998) 60 Cal.App.4th 1529,
1534-1536 [70 Cal.Rptr.2d 878].
SECONDARY SOURCES
5 Witkin & Epstein, California Criminal Law (4th ed. 2012) Criminal Trial, § 728.
2 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 40,
Accusatory Pleadings, § 40.07[9] (Matthew Bender).
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 85,
Submission to Jury and Verdict, § 85.02[2][a][i] (Matthew Bender).
3503-3514. Reserved for Future Use
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