Section 3517 | CALCRIM (Jury Instructions)

3. If all of you agree that the People have not proved that the
defendant is guilty of the greater crime and you also agree that
the People have proved that (he/she) is guilty of the lesser crime,
complete and sign the verdict form for not guilty of the greater
crime and the verdict form for guilty of the lesser crime.
4. If all of you agree the People have not proved that the defendant
is guilty of the greater or lesser crime, complete and sign the
verdict form for not guilty of the greater crime and the verdict
form for not guilty of the lesser crime.
5. If all of you agree the People have not proved that the defendant
is guilty of the greater crime, but all of you cannot agree on a
verdict for the lesser crime, complete and sign the verdict form
for not guilty of the greater crime and inform me only that you
cannot reach an agreement about the lesser crime.]
<Give the following paragraphs if the jury has a combined verdict form for
both greater and lesser offenses.>
[[For (the/any) charge with a lesser crime,] (Y/y)ou will receive a form
for indicating your verdict on both the greater crime and the lesser
crime. The greater crime is listed first. When you have reached a verdict,
have the foreperson complete the form, sign, and date it. Follow these
directions before writing anything on the form.
1. If all of you agree that the People have proved that the defendant
is guilty of the greater crime as charged, (write “guilty” in the
blank/circle the word “guilty”/check the box for “guilty”) for that
crime, then sign, date, and return the form. Do not (write/circle/
check) anything for the lesser crime.
2. If all of you cannot agree whether the People have proved that
the defendant is guilty of the greater crime as charged, inform me
only that you cannot reach an agreement and do not write
anything on the verdict form.
3. If all of you agree that the People have not proved that the
defendant is guilty of the greater crime and you also agree that
the People have proved that (he/she) is guilty of the lesser crime,
(write “not guilty” in the blank/circle the words “not
guilty”/check the box for “not guilty”) for the greater crime and
(write “guilty” in the blank/circle the word “guilty”/check the box
for “guilty”) for the lesser crime. You must not (write/circle/
check) anything for the lesser crime unless you have (written/
circled/checked) “not guilty” for the greater crime.
4. If all of you agree that the People have not proved that the
defendant is guilty of either the greater or the lesser crime, (write
CALCRIM No. 3517
POST-TRIAL: CONCLUDING
1084

•
Court May Ask Jury to Reconsider Conviction on Lesser If Jury Deadlocked on
Greater. Pen. Code, § 1161; People v. Fields, supra, 13 Cal.4th at p. 310.
•
Must Permit Partial Verdict of Acquittal on Greater. People v. Marshall (1996)
13 Cal.4th 799, 826 [55 Cal.Rptr.2d 347, 919 P.2d 1280]; Stone v. Superior
Court (1982) 31 Cal.3d 503, 519 [183 Cal.Rptr. 647, 646 P.2d 809].
RELATED ISSUES
Duty to Instruc