People v. Smith

Good Law
11 Cal. Rptr. 2d 645·1992 Cal. App. LEXIS 1065·9 Cal. App. 4th 196·92 Daily Journal DAR 12178·92 Cal. Daily Op. Serv. 7554
Court of Appeal of CaliforniaAugust 31, 1992F014729California2,993 words

Opinion

Opinion

Dibiaso, J.

Franklin J. Smith, Bonnie Lynn Field, Lawrence R. Ellis, and Terry Thomas Harris appeal from their convictions on an array of charges which arose out of a conspiracy involving the possession for sale and transportation of large amounts of methamphetamine.

Statement of the Case-Discussion I.

II. Instructional Error

Various defendants claim an assortment of instructional errors. All such contentions are without merit.

A., B.

C. CALJIC No. 2.

Smith and Harris maintain the trial court committed federal constitutional error by instructing the jury in the words of CALJIC No. 2.90 (5th ed. 1988 bound vol.). The court told the jury:

According to Smith and Harris, the vice of this instruction lies in its use of the notion of “moral certainty” to explain the concept of proof “beyond a reasonable doubt.” They argue: “[T]he term ‘moral certainty’ is unconstitutionally vague and permits a jury to vote for conviction based upon a standard of proof less than required under the Fourteenth Amendment.”

CALJIC No. 2.90 is derived from Penal Code section 1096. When the jury has been charged in the language of this statute, “no further instruction on the subject of the presumption…

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