People v. Bottger

Opinion

WOOLPERT, J.

The importance of formula jury instructions becomes most obvious when there are none applicable to the principal issue in a criminal case. Because counsel and the court must innovate, the resulting instructions ensure a technical review on appeal. This is such an appeal. The editors of California Jury Instructions, Criminal (CALJIC) have not yet offered instructions and use notes on soliciting the commission of certain felonies.

Defendant John L. Bottger was convicted by a jury of solicitation for murder. (Pen. Code, § 653f, subd. (b).) On this appeal he urges there were two…