CALCRIM No. 708

Corroborated—No Dispute Whether Witness Is Accomplice (Pen.

Code, § 1111)

In order to prove the special circumstance[s] of <insert

special circumstance[s] requiring proof of additional crime>, the People

must prove that the defendant committed <insert crime[s]

(other than murder) that must be proved>. The People have presented the

(statement[s]/ [or] testimony) of <insert name[s] of

witness[es]> on this issue.

If the crime[s] of <insert crime[s]> (was/were) committed,

then <insert name[s] of witness[es]> (was/were) [an]

accomplice[s] to (that/those) crime[s].

Y ou may not find that the special circumstance[s] of <insert

special circumstance[s] requiring proof of additional crime> is true based

on the (statement[s]/ [or] testimony) of an accomplice alone. Y ou may use

the (statement[s]/ [or] testimony) of an accomplice to find the special

circumstance true only if:

1. The accomplice’s (statement[s]/ [and] testimony) (is/are)

supported by other evidence that you believe;

2. That supporting evidence is independent of the accomplice’s

(statement[s]/ [and] testimony);

AND

3. That supporting evidence tends to connect the defendant to the

commission of <insert crime[s] (other than murder)

that must be proved>.

Supporting evidence, however, may be slight. It does not need to be

enough, by itself, to prove that the defendant committed

<insert crime[s] (other than murder) that must be proved>, and it does not

need to support every fact (mentioned by the witness in the statement/

[or] about which the witness testified). On the other hand, it is not

enough if the supporting evidence merely shows that a crime was

committed or the circumstances of its commission. The supporting

evidence must tend to connect the defendant to the commission of

<insert crime[s] (other than murder) that must be proved>.

[The evidence needed to support the (statement[s]/ [or] testimony) of one

accomplice cannot be provided by the (statement[s]/ [or] testimony) of

another accomplice.]

Any (statement/ [or] testimony) of an accomplice that tends to

incriminate the defendant should be viewed with caution. Y ou may not,

however, arbitrarily disregard it. Y ou should give that (statement/ [or]

testimony) the weight you think it deserves after examining it with care

and caution and in light of all the other evidence.

New January 2006; Revised March 2019