CALCRIM No. 3200

§§ 1203.07(a)(1), (2) & (4); Health & Saf. Code, §§ 11352.5, 11370.4)

If you find the defendant guilty of the crime[s] charged in Count[s]

[,] [or of attempting to commit (that/those) crime[s]][or the

lesser crime[s] of <insert lesser offense[s]>], you must then

decide whether[, for each crime,] the People have proved the additional

allegation that the crime involved [more than] a specified amount [or

more] of the controlled substance. [Y ou must decide whether the People

have proved this allegation for each crime and return a separate finding

for each crime.]

To prove this allegation, the People must prove that:

[1.] The defendant <insert conduct alleged, e.g., sold or

conspired to sell> [more than] <insert quantity

alleged> by (weight/volume) [or more] of a substance containing

<insert controlled substance>(./;)

<Give element 2 if enhancement alleged in conspiracy count.>

[AND

2. The defendant was substantially involved in the planning,

direction, execution, or financing of the <insert

conduct alleged, e.g., sale> of the <insert controlled

substance>.]

[In deciding whether the required (weight/volume) has been proved, do

not take into account plant or vegetable material.]

The People have the burden of proving each allegation beyond a

reasonable doubt. If the People have not met this burden, you must find

that the allegation has not been proved.

New January 2006