PEOPLE v. WILLIAMS

No. B199059.

74 Cal.Rptr.3d 405 (2008)

161 Cal.App.4th 705

The PEOPLE, Plaintiff and Respondent, v. Chester WILLIAMS, Defendant and Appellant.

Court of Appeal of California, Second District, Division Six.

April 1, 2008.


Attorney(s) appearing for the Case

Linn Davis, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Susan D. Martynec, Linda C. Johnson, Supervising Deputy Attorneys General, for Plaintiff and Respondent.


COFFEE, J.

In this case we are asked to decide whether CALCRIM No. 416, the uncharged conspiracy instruction, is constitutional. We uphold the instruction and reject claims that it impermissibly directs jurors to find that a conspiracy exists, reduces the burden of proof, and violates a defendant's constitutional rights to a jury trial and due process of law.

Chester Williams appeals from a judgment following his conviction, after a jury trial, of selling...

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