Section 332 | CALCRIM (Jury Instructions)

SECONDARY SOURCES
4 Witkin & Epstein, California Criminal Law (4th ed. 2012) Criminal Trial, § 725.
1 Witkin, California Evidence (5th ed. 2012) Opinion Evidence, § 86.
3 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 71,
Scientific and Expert Evidence, § 71.04 (Matthew Bender).
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 85,
Submission to Jury and Verdict, §§ 85.02[2][a][ii], 85.03[2][b], Ch. 86, Insanity
Trial, § 86.04[3][a] (Matthew Bender).
CALCRIM No. 332
EVIDENCE
100

333. Opinion Testimony of Lay Witness
(A witness/Witnesses)[, who (was/were) not testifying as [an] expert[s],]
gave (his/her/their) opinion[s] during the trial. You may but are not
required to accept (that/those) opinion[s] as true or correct. You may
give the opinion[s] whatever weight you think appropriate. Consider the
extent of the witness’s opportunity to perceive the matters on which his
or her opinion is based, the reasons the witness gave for any opinion,
and the facts or information on which the witness relied in forming that
opinion. You must decide whether information on which the witness
relied was true and accurate. You may disregard all or any part of an
opinion that you find unbelievable, unreasonable, or unsupported by the
evidence.
New January 2006
BENCH NOTES
Instructional Duty
Give this instruction on request when a lay witness gives opinion testimony.
Give the bracketed phrase “who was not testifying as an expert” if an expert witness
also testified in the case.
Related Instructions
CALCRIM No. 332, Expert Witness Testimony.
CALCRIM No. 1860, Owner’s Opinion of Value.
AUTHORITY
•
Opinion Testimony. Evid. Code, §§ 800, 802.
•
Opinion Testimony to Prove Character. Evid. Code, § 1100.
•
Jury Must Decide What Weight to Give Lay Opinion. See People v. Pena (1977)
68 Cal.App.3d 100, 102–103 [135 Cal.Rptr. 602].
•
This Instruction Upheld. People v. Golde (2008) 163 Cal.App.4th 101, 120 [77
Cal.Rptr.3d 120].
SECONDARY SOURCES
1 Witkin, California Evidence (5th ed. 2012) Opinion Evidence, §§ 3–25.
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 82,
Witnesses, § 82.22[3][d], Ch. 83, Evidence, § 83.11 (Matthew Bender).
101

E.
THEFT RELATED INSTRUCTIONS
1860. Owner’s Opinion of Value
A witness gave (his/her) opinion of the value of the property (he/she)
[allegedly] owned. In considering the opinion, you may but are not
required to accept it as true or correct. Consider the reasons the witness
gave for any opinion, the facts or information on which (he/she) relied in
forming that opinion, and whether the information on which the witness
relied was true and accurate. You may disregard all or any part of an
opinion that you find unbelievable or unreasonable. You may give the
opinion whatever weight, if any, you believe it deserves.
New January 2006
BENCH NOTES
Instructional Duty
When the owner of property testifies about his or her opinion of the value of the
property, give this instruction on request.
I