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Name: People v. Haselman
Case #: F035862
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 02/01/2002
Subsequent History: Rev. granted 5/1/02. Depublished.
Summary

The 1999 revision of CALJIC No. 2.50.01, stating that uncharged sexual offenses must be proved by a preponderance of the evidence, does not mislead the jury that the charged offense must be proved by a standard other than beyond a reasonable doubt. The opinion declines to follow People v. Reliford (2001) 93 Cal.App.4th 973 [Second District, Div.4] and aligns with People v. Hill (2001) 86 Cal.App.4th 273 [First District, Div. 1]. Also, the jury was instructed with a modified version of CALJIC No. 2.50.1 which specifically stated that there could be no conviction of the charged offenses unless they were proved beyond a reasonable doubt.