CALCRIM No. 3002

(Pen. Code, § 1320)

The defendant is charged [in Count] with failing to appear while

released from custody on (his/her) own recognizance [in violation of

Penal Code section 1320((a)/(b))].

To prove that the defendant is guilty of this crime, the People must

prove that:

1. The defendant was (charged with/convicted of) the commission of

a (felony/misdemeanor) in (this case/case number );

2. The defendant was released from custody on (his/her) own

recognizance pursuant to a signed written release;

3. The defendant willfully failed to appear in court as required;

AND

4. When the defendant willfully failed to appear in court as

required, (he/she) did so in order to evade the process of the

court.

Someone commits an act willfully when he or she does it willingly or on

purpose.

A signed written release must contain the following:

1. Defendant’s promise to appear as ordered by a judge or

magistrate;

2. Defendant’s promise to obey all reasonable conditions imposed by

a judge or magistrate;

3. Defendant’s promise not to leave the state without permission

from the court;

4. Defendant’s agreement to waive extradition if he or she fails to

appear as required and is arrested outside the State of California;

AND

5. Defendant’s acknowledgement that he or she has been informed

of the consequences and penalties for violations of the conditions

of release.

[If you find the defendant willfully failed to appear within 14 days of the

date assigned for appearance, you may, but are not required to, infer

that the failure to appear was for the purpose of evading the process of

the court.]

New March 2018