People v. Fields CA3

DISCUSSION

I The Trial Court Properly Instructed The Jury With CALCRIM No. 362 Defendant contends the trial court erred by instructing the jury with the consciousness of guilt instruction pertaining to a defendant’s false or misleading statements. (CALCRIM No. 362.) The People contend defendant forfeited this claim by failing to object to the giving of the instruction at trial. We will address defendant’s claim because he argues the perceived error affected his substantial rights by allowing the jury to make an unjustified inference and, as a result, his trial was rendered fundamentally unfair. (See People v. Lewis (2009) 46 Cal.4th 1255, 1315, fn. 43.) On the merits, defendant’s claim lacks merit. A Background The trial court instructed the jury pursuant to CALCRIM No. 362, as follows: “If the Defendant made a false or a misleading statement before this trial relating to the charged crime, knowing the statement was false or intending to mislead, that conduct may show he was aware of his guilt of the crime, and you may consider it in determining his guilt. [¶] If you conclude that the Defendant made the statement, it is up to you to

3 decide its meaning and importance. However,…