What is the prosecution's burden of persuasion on the defense of withdrawal?

California, United States of America


The following excerpt is from The People v. Cook, 111 Cal.Rptr.2d 204, 91 Cal. App. 4th 910 (Cal. App. 2001):

The defendant's burden of persuasion on the defense of withdrawal is merely to raise a reasonable doubt of his guilt. (See People v. Belmontes (1988) 45 Cal.3d 744, 791.)26 An instruction linking the burden of proof to the defense of withdrawal is therefore a pinpoint instruction which the court need only give upon request. (People v. Saille, supra, 54 Cal.3d at p. 1119.) Since the defense made no such request, we find the trial court had no duty to give a clarifying instruction relating the defense of withdrawal to the prosecution's burden of proof.

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