What is Cal.CRIM 376 of the California Criminal Code, or is it an instruction generally favorable to defendants in possession of stolen property?

California, United States of America


The following excerpt is from People v. Jennings, D061872 (Cal. App. 2013):

CALCRIM 376, like its predecessor CALJIC No. 2.15, "is an instruction generally favorable to defendants; its purpose is to emphasize that possession of stolen property, alone, is insufficient to sustain a conviction for a theft-related crime. [Citations.] In the presence of at least some corroborating evidence, it permitsbut does not requirejurors to infer from possession of stolen property guilt of a related offense such as robbery or burglary." (People v. Gamache (2010) 48 Cal.4th 347, 375 (Gamache).)7

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