California Crimonal Jury Instructions-CALCRIM

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Criminal Jury Instructions Volume I

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HOMICIDE Series 700

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California Criminal Jury Instructions
CALCRIM
Volume I
HOMICIDE
Series 700
K. SPECIAL CIRCUMSTANCES
(ii) Special Circumstances

CALCRIM 721.

721. Special Circumstances: Multiple Murder Convictions(Same Case) (Pen. Code, § 190.2(a)(3))

The defendant is charged with the special circumstance of having been convicted of more than one murder in this case.

To prove that this special circumstance is true, the People must prove that:

1. The defendant has been convicted of at least one charge of first degree murder in this case;

AND

The defendant has also been convicted of at least one additional charge of either first or second degree murder in this case.

New January 2006

BENCH NOTES

Instructional Duty

The court has a sua sponte duty to instruct on the elements of the special circumstance. (See People v. Williams (1997) 16 Cal.4th 635, 689 [66 Cal.Rptr.2d 573, 941 P.2d 752].) The court must submit the multiple-murder special circumstance to the jury unless the defendant has specifically waived jury trial on the special circumstance. (People v. Marshall (1996) 13 Cal.4th 799, 850 [55 Cal.Rptr.2d 347, 919 P.2d 1280].)

Intent to kill is not required for the actual killer but is required for an accomplice. If the evidence raises the issue of accomplice liability, the court has a sua sponte duty to instruct on that issue. (See People v. Jones (2003) 30 Cal.4th 1084, 1117 [135 Cal.Rptr.2d 370, 70 P.3d 359].) Give CACLCRIM No. 702, Special Circumstances: Intent Requirement for Accomplice After June 5, 1990—Other Than Felony Murder. If the homicide occurred prior to June 5, 1990, give CALCRIM No. 701, Special Circumstances: Intent Requirement for Accomplice Before June 6, 1990.

In a case in which the prosecution seeks the death penalty, only one special circumstance of multiple murder may be alleged. (People v. Harris (1984) 36 Cal.3d 36, 67 [201 Cal.Rptr. 782, 679 P.2d 433]; People v. Anderson (1987) 43 Cal.3d 1104, 1150 [240 Cal.Rptr. 585, 742 P.2d 1306].)

470.

CALCRIM 721 . Special Circumstances: Multiple Murder Convictions (Same Case)
(Pen. Code, § 190.2(a)(3)) Page 470
CALCRIM 721. Special Circumstances: Multiple Murder Convictions (Same Case)
(Pen. Code, § 190.2(a)(3)) Page 471

(Pub 1284)

External Links-Links to Official Site
Complete Text of the 2008 Criminal Jury Instructions-Official Site
CALCRIM Table of Contents 24 categories of instructions-Official Site
December 2008 Supplement to the Criminal Jury Instruction- Official Site
User's Guide Official Site

Internal Links
CALCRIM Series 500 HOMICIDE Table of Contents
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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