CALCRIM (Jury Instructions) Section 3233. COMMENTARY Distinctively Worse Than the Ordinary The committee is aware of Johnson v. United States (2015) 576 U.S. 59
CALCRIM (Jury Instructions) § 3233
COMMENTARY
Distinctively Worse Than the Ordinary
The committee is aware of Johnson v. United States (2015) 576 U.S. 591, 597–598
[135 S.Ct. 2551, 192 L.Ed.2d 569], in which the United States Supreme Court held
that determining what constitutes an “ordinary” violation of a criminal statute may
create a constitutional vagueness problem. Nevertheless, in light of California case
law that has never been disapproved (see, e.g., People v. Moreno, supra, 128
Cal.App.3d at p. 110), the committee has elected to include in the instruction the
state law requirement that an aggravating factor may not be found to be true unless
the defendant’s conduct was distinctively worse than an ordinary commission of the
underlying crime.
RELATED ISSUES
Prohibition Against Dual Use of Facts at Sentencing
The jury may find true multiple aggravating factors based on the same underlying
fact. However, at sentencing, a single underlying fact may not support more than
one aggravating factor. (People v. Fernandez (1990) 226 Cal.App.3d 669, 680 [276
Cal.Rptr. 631].)
ENHANCEMENTS AND SENTENCING FACTORS
CALCRIM No. 3233
961
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 3233. COMMENTARY Distinctively Worse Than the Ordinary The committee is aware of Johnson v. United States (2015) 576 U.S. 59. This means people must follow this rule, and breaking it can lead to criminal penalties.