CALCRIM No. 357

If you conclude that someone made a statement outside of court that

(accused the defendant of the crime/ [or] tended to connect the

defendant with the commission of the crime) and the defendant did not

deny it, you must decide whether each of the following is true:

1. The statement was made to the defendant or made in (his/her)

presence;

2. The defendant heard and understood the statement;

3. The defendant would, under all the circumstances, naturally have

denied the statement if (he/she) thought it was not true;

AND

4. The defendant could have denied it but did not.

If you decide that all of these requirements have been met, you may

conclude that the defendant admitted the statement was true.

If you decide that any of these requirements has not been met, you must

not consider either the statement or the defendant’s response for any

purpose.

[Y ou must not consider this evidence in determining the guilt of (the/any)

other defendant[s].]

New January 2006; Revised February 2014