California Crimonal Jury Instructions-CALCRIM

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Criminal Jury Instructions Volume I

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CALCRIM Series 300

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California Criminal Jury Instructions
Volume I
Series 300 EVIDENCE
E. PARTICULAR TYPES OF EVIDENCE

375. Evidence of Uncharged Offense to Prove Identity,
Intent, Common Plan

CALCRIM No. 375 EVIDENCE

<Introductory Sentence Alternative A—evidence of other offense admitted>

[The People presented evidence that the defendant committed ((another/other) offense[s]/the offense[s] of _____________________
<insert description of alleged offense[s]>) that (was/were) not charged in this case.]

<Introductory Sentence Alternative B—evidence of other act admitted>

[The People presented evidence (of other behavior by the defendant that was not charged in this case/that the defendant
____________ <insert description of alleged conduct admitted under
Evid. Code, § 1101(b)>).]

You may consider this evidence only if the People have proved by a preponderance of the evidence that the defendant in fact committed the (uncharged offense[s]/act[s]). Proof by a preponderance of the evidence is a different burden of proof than proof beyond a reasonable doubt. A fact is proved by a preponderance of the evidence if you conclude that it is more likely than not that the fact is true.

If the People have not met this burden, you must disregard this evidence entirely.

If you decide that the defendant committed the (uncharged offense[s]/act[s]), you may, but are not required to, consider that evidence for the limited purpose of deciding whether or not:

<SELECT SPECIFIC GROUNDS OF RELEVANCE AND DELETE ALL OTHER OPTIONS.>

       <A. Identity>

       [The defendant was the person who committed the offense[s] alleged
        in this case](./; or)

        <B. Intent>

[The defendant acted with the intent to __________________ <insert

specific intent required to prove the offense[s] alleged> in this case](./; or)

New January 2006; Revised April 2008

145.

CALCRIM No. 375. Evidence of Uncharged Offense to Prove Identity, Intent, Common Plan Page 145
CALCRIM No. 375. Evidence of Uncharged Offense to Prove Identity, Intent, Common Plan Page 146
CALCRIM No. 375. Evidence of Uncharged Offense to Prove Identity, Intent, Common Plan Page 147
CALCRIM No. 375. Evidence of Uncharged Offense to Prove Identity, Intent, Common Plan Page 148
CALCRIM No. 375. Evidence of Uncharged Offense to Prove Identity, Intent, Common Plan Page 149
CALCRIM No. 375. Evidence of Uncharged Offense to Prove Identity, Intent, Common Plan Page 150
CALCRIM No. 375. Evidence of Uncharged Offense to Prove Identity, Intent, Common Plan Page 151

(Pub 1284)

California Criminal Jury Instructions-CALCRIM-Table of Contents
California Criminal Jury Instructions-CALCRIM-Volume 1 Table of Contents
California Jury Instructions-CALCRIM-Vol. 1. General Instructions

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