CALCRIM (Jury Instructions) Section 3221. BENCH NOTES Instructional Duty The court has a sua sponte duty to give this instruction on the enhancement when charge
CALCRIM (Jury Instructions) § 3221
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction on the enhancement when
charged. (Apprendi v. New Jersey (2000) 530 U.S. 466, 490 [120 S.Ct. 2348, 147
L.Ed.2d 435].)
If the court has not otherwise instructed the jury on all the elements of the
underlying felonies, the court must also give the appropriate instructions on those
elements.
It is unclear if the court may instruct the jury that the fraud or embezzlement is a
material element of the felonies. The bracketed sentences are provided for the court
to use at its discretion.
AUTHORITY
•
Enhancement. Pen. Code, § 186.11(a)(1).
SECONDARY SOURCES
3 Witkin & Epstein, California Criminal Law (4th ed. 2012) Punishment, § 379.
5 Witkin & Epstein, California Criminal Law (4th ed. 2012) Criminal Trial, § 727.
5 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 91,
Sentencing, § 91.49 (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 143, Crimes
Against Property, § 143.01[4][d], [f] (Matthew Bender).
CALCRIM No. 3221
ENHANCEMENTS AND SENTENCING FACTORS
926
This section of the CALCRIM (Jury Instructions) establishes legal requirements and provisions that apply to specific circumstances in California law.
This section applies when the specific conditions outlined in the statute are met. The exact applicability depends on the facts of each situation.
Penalties vary based on the specific violation and circumstances. They may include fines, imprisonment, or other legal consequences as specified in the California code.
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In simple terms: CALCRIM (Jury Instructions) Section 3221. BENCH NOTES Instructional Duty The court has a sua sponte duty to give this instruction on the enhancement when charge. This means people must follow this rule, and breaking it can lead to criminal penalties.