CALCRIM No. 3516

Conviction Prohibited

<Give this paragraph when the law does not specify which crime must be

sustained or dismissed if the defendant is found guilty of both.>

[The defendant is charged in Count with <insert

name of alleged offense> and in Count with <insert

name of alleged offense>. These are alternative charges. If you find the

defendant guilty of one of these charges, you must find (him/her) not

guilty of the other. Y ou cannot find the defendant guilty of both.]

<Give the following paragraph when the defendant is charged with both theft

and receiving stolen property offenses based on the same incident.>

[The defendant is charged in Count with <insert

theft offense> and in Count with <insert receiving

stolen property offense>. Y ou must first decide whether the defendant is

guilty of <insert name of theft offense>. If you find the

defendant guilty of <insert name of theft offense>, you must

return the verdict form for <insert name of receiving stolen

property offense> unsigned. If you find the defendant not guilty of

<insert theft offense> you must then decide whether the defendant is

guilty of <insert name of receiving stolen property offense>.]

New January 2006; Revised June 2007, October 2010, April 2011, October 2025*

* Denotes changes only to bench notes and other commentaries.