California, United States of America
The following excerpt is from People v. Rendon, G054006 (Cal. App. 2018):
An argument similar to Rendon's was rejected by the court in People v. Johnson (2016) 243 Cal.App.4th 1247, 1251, in which two defendants were tried together for murder and attempted murder, and both testified at trial. One of the arguments on appeal was whether "CALCRIM No. 335 undermined their defenses by directing the jury to view their testimony with caution, and as requiring independent corroboration, without clarifying that this applied only to incriminating testimony given by each defendant against the other and not to exculpatory testimony by either defendant in support of his own defense." (Id. at p. 1273.) Because none of the testimony by either of the defendants was both incriminating and self-exculpatory, there was no error in the instruction.4 "The essence of each defendant's defense was that he did not intend to
Page 9
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.