Anderson

People v. Anderson

Bad Law
152 Cal. App. 4th 919·2007 Cal. App. LEXIS 1042·61 Cal. Rptr. 3d 903·7 Cal. Daily Op. Serv. 7502
Court of Appeal of CaliforniaJune 26, 2007C051985, C052358California10,430 words

Opinion

Opinion

Hull, J.

Effective January 1, 2006, the California Judicial Council adopted the “Judicial Council of California Criminal Jury Instructions (2006-2007)” which instructions are cited as “CALCRIM No._.” In the published portion of this opinion, we consider various challenges to a number of the new criminal instructions. Most of the challenges involve isolated language that defendant reads out of context from the instruction as a whole or the other instructions given to the jury. Other challenges concern language virtually identical to that previously approved in the CALJIC instructions that were used in California for many years. We reject each of defendant’s challenges:

In the unpublished portion of this opinion, we address various sentencing issues, which we also conclude are without merit.

In Tehama County Superior Court case No. NCR66211, defendant pleaded guilty to one count of possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)) and admitted a prior strike (Pen. Code, §§ 1170.12, subds. (a)-(d), and 667, subds. (b)-(i)) and a prior prison term (Pen. Code, § 667.5). In Tehama County Superior Court case No. NCR67197, defendant was convicted by a jury of…

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