People v. Guiuan

BAXTER, J., Concurring.

I concur in the majority’s decision affirming the judgment of the Court of Appeal because no prejudicial instructional error appears. (Maj. opn., ante, at pp. 569-570.) I also wholeheartedly concur in the majority’s revision of CALJIC No. 3.18 that henceforth will absolve trial courts of the sua sponte obligation to tailor the standard accomplice *577cautionary instruction1 to state it has no application to portions of an accomplice’s testimony “favorable” to the defendant. That requirement derived from this court’s opinion in People v. Williams (1988) 45 Cal.3d 1268 [248…