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.

BENCH NOTES

Instructional Duty

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].)

AUTHORITY

• Instructional Requirements. Evid. Code, § 355. Secondary Sources

1 Witkin, California Evidence (4th ed. 2000) Circumstantial Evidence, §§ 30, 31, 35.

4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 85, Submission to Jury and Verdict, § 85.02[2][b] (Matthew Bender).

RELATED ISSUES

See the Related Issues section to CALCRIM No. 303, Limited Purpose Evidence in General.

82.

(Pub 1284)

Copyright 2008 Judicial Council of California. 

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California Jury Instructions-CALCRIM-Vol. 1. General Instructions