CALCRIM No. 219

The fact that a petition to (declare respondent a sexually violent

predator/declare respondent a mentally disordered offender/extend

respondent’s commitment) has been filed is not evidence that the petition

is true. Y ou must not be biased against the respondent just because the

petition has been filed and this matter has been brought to trial. The

Petitioner is required to prove the allegations of the petition are true

beyond a reasonable doubt.

Proof beyond a reasonable doubt is proof that leaves you with an

abiding conviction that the allegations of the petition are true. The

evidence need not eliminate all possible doubt because everything in life

is open to some possible or imaginary doubt.

In deciding whether the Petitioner has proved the allegations of the

petition are true beyond a reasonable doubt, you must impartially

compare and consider all the evidence that was received throughout the

entire trial. Unless the evidence proves the Respondent

<insert what must be proved in this proceeding, e.g., “is a sexually violent

predator”> beyond a reasonable doubt, you must find the petition is not

true.

New August 2009; Revised August 2015