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Name: People v. Hill
Case #: A088560
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 01/09/2001
Subsequent History: Review denied 4/11/01

In a prosecution for lewd conduct with a child, the trial court admitted evidence of appellant's prior sex offenses as evidence of motive and intent, pursuant to Evidence Code section 1108. The jury was instructed, pursuant to the 1999 revised version of CALJIC 2.50.01, as well as CALJIC 2.50, 2.50.2, and 2.90. The appellate court here found no error. The language in the 1999 revision specifically advises the jury that even if it finds the defendant committed prior sex offenses, and makes an inference that he had the disposition to commit similar crimes, that inference alone is…

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Name: People v. Barker
Case #: D034739
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 08/27/2001
Subsequent History: Rev. den. 11/20/01

The trial court did not err when, in a prosecution for first degree murder and robbery, the jury was given a jury instruction pursuant to CALJIC No. 2.15 concerning corroboration. CALJIC 2.15, which has withstood numerous challenges, evolved from cases holding that proof of possession of stolen property is insufficient by itself to support a guilty verdict as to a theft-related offense, and corroboration, however slight, is required. Although CALJIC 2.15 should be restricted to theft and theft-related crimes, no prejudicial error was shown by the its reference to murder in this case. The jury was adequately…

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Name: People v. Cook
Case #: C030492
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/22/2001
Subsequent History: Modified on den. of rehrg. 9/20/01; rev. den. 11/28/01

"The trial court may look to the overt acts pleaded in a charge of conspiracy to determine whether the charged offense includes the lesser included offense. Under the accusatory pleading test for determining lesser included offenses, we find that conspiracy to commit assault by means of a firearm is a lesser included offense of conspiracy to commit murder as that offense was pleaded in the accusatory pleading. The overt acts alleged in the information gave notice to defendants of the lesser included offense and the defendants do not claim the facts shown at the preliminary heearing failed to…

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Name: People v. Linn
Case #: B142261
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 07/25/2001
Subsequent History: Rev. granted 10/31/01; depublished pending rev.

The trial court did not err in instructing that residential burglary could be committed if the person formed the intent to commit theft before he entered a room of an inhabited dwelling or the inhabited dwelling itself. Here the defendant was prosecuted on the theory that he committed only one burglary, either by entering the dwelling itself, or a particular room of it, with the requisite…

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