California Criminal Jury Instructions (CALCRIM) (2017)

3515. Multiple Counts: Separate Offenses

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B. MULTIPLE COUNTS AND COMPLETION OF
VERDICT FORMS
3515.Multiple Counts: Separate Offenses (Pen. Code, § 954)
Each of the counts charged in this case is a separate crime [except for
Counts , which are charged as alternative offenses]. You must
consider each count separately and return a separate verdict for each
one [except for Counts , which are for lesser included offenses
and will be addressed in other instructions].
New January 2006; Revised February 2012
BENCH NOTES
Instructional Duty
The court should give this instruction on request if the defendant is charged with
multiple counts for separate offenses. (People v. Beagle (1972) 6 Cal.3d 441, 456
[99 Cal.Rptr. 313, 492 P.2d 1].) The court has no sua sponte duty to give this
instruction. (Ibid.)
If the prosecution has charged, in the alternative, more than one offense for the
same event, give CALCRIM No. 3516, Multiple Counts: Alternative Charges for
One Event—Dual Conviction Prohibited. Do not give this instruction unless the
case involves both charges for separate events and charges in the alternative for a
single event. In such cases, the court should give both instructions, inserting where
indicated in this instruction the counts that are addressed in CALCRIM No. 3516.
Likewise, if the case involves lesser included offenses, the court should give either
CALCRIM No. 3517, Deliberations and Completion of Verdict Forms: For Use
When Lesser Included Offenses and Greater Crimes Are Not Separately Charged
and the Jury Receives Guilty and Not Guilty Verdict Forms for Greater and Lesser
Offenses (Non-Homicide), or CALCRIM No. 3518, Deliberations and Completion
of Verdict Forms: For Use When Lesser Included Offenses and Greater Crimes Are
Not Separately Charged and Jury Is Given Only One Not Guilty Verdict Form for
Each Count (Non-Homicide). (See People v. Fields (1996) 13 Cal.4th 289, 308–311
[52 Cal.Rptr.2d 282, 914 P.2d 832].) Do not give this instruction unless the case
involves both charges for separate events and one or more charges with a lesser
included offense. In such cases, the court should give both instructions, inserting
where indicated in this instruction the counts that are addressed in CALCRIM No.
3517 or 3518.
AUTHORITY
• Statutory Authority for Multiple Charges. Pen. Code, § 954.
Instructional Requirements. People v. Beagle (1972) 6 Cal.3d 441, 456 [99
1005
0011
Cal.Rptr. 313, 492 P.2d 1].
Secondary Sources
5 Witkin & Epstein, California Criminal Law (3d ed. 2000) Criminal Trial, § 644.
4Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 85,
Submission to Jury and Verdict, § 85.20 (Matthew Bender).
CALCRIM No. 3515 POST-TRIAL: CONCLUDING
1006
0012