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

376. Possession of Recently Stolen Property as Evidence of a
Crime

CALCRIM No. 376 EVIDENCE

If you conclude that the defendant knew (he/she) possessed property and you conclude that the property had in fact been recently (stolen/extorted), you may not convict the defendant of ______________ <insert crime> based on those facts alone. However, if you also find that supporting evidence tends to prove (his/her) guilt, then you may conclude that the evidence is sufficient to prove (he/she) committed ________________ <insert crime>.

The supporting evidence need only be slight and need not be enough by itself to prove guilt. You may consider how, where, and when the defendant possessed the property, along with any other relevant circumstances tending to prove (his/her) guilt of
________________ <insert crime>.

[You may also consider whether____________________ <insert other appropriate factors for consideration>.]

Remember that you may not convict the defendant of any crime unless you are convinced that each fact essential to the conclusion that the defendant is guilty of that crime has been proved beyond a reasonable doubt.

New January 2006

BENCH NOTES

Instructional Duty

The instruction should be given sua sponte if there is evidence of possession of stolen property and corroborating evidence of guilt. (See People v. Clark (1953) 122 Cal.App.2d 342, 346 [265 P.2d 43] [failure to instruct that unexplained possession alone does not support finding of guilt was error]; People v. Smith (1950) 98 Cal.App.2d 723, 730 [221 P.2d 140].)

The instruction may be given when the charged crime is robbery, burglary, theft, or receiving stolen property. (See People v. McFarland (1962) 58 Cal.2d 748, 755 [26 Cal.Rptr. 473, 376 P.2d 449] [burglary and theft]; People v. Johnson (1993) 6 Cal.4th 1, 36–37 [23 Cal.Rptr.2d 593, 859 P.2d 673] [burglary]; People v. Gamble (1994) 22 Cal.App.4th 446, 453 [27 Cal.Rptr.2d 451] [robbery]; People v. Anderson (1989) 210 Cal.App.3d 414, 424 [258

152.

CALCRIM No.376 . Possession of Recently Stolen Property as Evidence of a Crime Page 152
CALCRIM No.376. Possession of Recently Stolen Property as Evidence of a Crime Page 153
CALCRIM No.376. Possession of Recently Stolen Property as Evidence of a Crime Page 154
CALCRIM No.376. Possession of Recently Stolen Property as Evidence of a Crime Page 155

(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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