People v. Martinez

The portion of CALCRIM No. 334 that instructs the jury that the burden is on the defendant to prove that it is more likely than not that the witness was an accomplice, should be omitted when the defendant is charged with in concert crimes. The Court of Appeal affirmed defendant's conviction of sexual penetration in concert and rape in concert. The court held that, although the trial court erred by instructing jurors that defendant had to prove by a preponderance of the evidence that the government's witness was an accomplice, there was no reasonable likelihood that the jury misapplied it given the circumstances of the case. View "People v. Martinez" on Justia Law