What is the current state of the law on false or misleading statements?

² Both defendant and the People state that a different instruction on false or misleading statementsCALCRIM No. 362applies when the defendant's testimony is implausible. However, a 2009 amendment to that instruction clarifies that the instruction applies to false or misleading statements a defendant made "before" trial, not to false or misleading trial testimony. (CALCRIM No. 362 ; see People v. Beyah (2009) 170 Cal.App.4th 1241, 1248, 88 Cal.Rptr.3d 829 ["We doubt that CALCRIM No. 362 was intended to be used when the basis for an inference of consciousness of guilt is disbelief of defendant's trial testimony...."].)