Section 415 | CALCRIM (Jury Instructions)

be the target of the conspiracy. (People v. Cortez (1998) 18 Cal.4th 1223,
1238–1239 [77 Cal.Rptr.2d 733, 960 P.2d 537]; People v. Fenenbock (1996) 46
Cal.App.4th 1688, 1706 [54 Cal.Rptr.2d 608].) Give all appropriate instructions
defining the elements of the offense or offenses alleged as targets of the conspiracy.
The court has a sua sponte duty to give a unanimity instruction if “the evidence
suggested two discrete crimes, i.e., two discrete conspiracies . . . .” (People v.
Russo (2001) 25 Cal.4th 1124, 1135 [108 Cal.Rptr.2d 436, 25 P.3d 641]; see also
People v. Diedrich (1982) 31 Cal.3d 263, 285–286 [182 Cal.Rptr. 354, 643 P.2d
971].) A unanimity instruction is not required if there is “merely possible uncertainty
on how the defendant is guilty of a particular conspiracy.” (People v. Russo, supra,
25 Cal.4th at p. 1135.) Thus, the jury need not unanimously agree as to what overt
act was committed or who was part of the conspiracy. (People v. Russo, supra, 25
Cal.4th at pp. 1135–1136.) However, it appears that a unanimity instruction is
required when the prosecution alleges multiple crimes that may have been the target
of the conspiracy. (See People v. Diedrich, supra, 31 Cal.3d at pp. 285–286
[approving of unanimity instruction as to crime that was target of conspiracy]; but
see People v. Vargas (2001) 91 Cal.App.4th 506, 560–561, 564 [110 Cal.Rptr.2d
210] [not error to decline to give unanimity instruction; if was error, harmless].)
Give the bracketed paragraph that begins, “The People alleged that the defendant[s]
conspired to commit the following crimes,” if multiple crimes are alleged as target
offenses of the conspiracy. Give the bracketed sentence regarding the degree of the
crime if any target felony has different punishments for different degrees. (See Pen.
Code, § 182(a).) The court must also give the jury a verdict form on which it can
state the specific crime or crimes that the jury unanimously agrees the defendant
conspired to commit.
In addition, if a conspiracy case involves an issue regarding the statute of limitations
or evidence of withdrawal by the defendant, a unanimity instruction may be
required. (People v. Russo, supra, 25 Cal.4th at p. 1136, fn. 2; see also Related
Issues section below on statute of limitations.)
In elements 1 and 3, insert the names or descriptions of alleged coconspirators if
they are not defendants in the trial. (See People v. Liu (1996) 46 Cal.App.4th 1119,
1131 [54 Cal.Rptr.2d 578].) See also the Commentary section below.
Give the bracketed sentence that begins with “You must make a separate decision,”
if more than one defendant is charged with conspiracy. (See People v. Fulton (1984)
155 Cal.App.3d 91, 101 [201 Cal.Rptr. 879]; People v. Crain (1951) 102
Cal.App.2d 566, 581–582 [228 P.2d 307].)
Give the bracketed sentence that begins with “A member of a conspiracy does not
have to personally know,” on request if there is evidence that the defendant did not
personally know all the alleged coconspirato