Can a jury be instructed with CALCRIM No. 316 regarding evidence of a previous conviction of a crime?

California, United States of America


The following excerpt is from People v. Miranda, G052636 (Cal. App. 2016):

We note the court did not instruct the jury with CALCRIM No. 316 regarding evidence of a previous conviction of a crime. However, we see no indication in the record that the instruction was requested, and there is no sua sponte duty to give it absent a request. (People v. Kendrick (1989) 211 Cal.App.3d 1273, 1278.)

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